Constitutional Law Reporter

DECEMBER 19, 2022

Supreme Court heard oral arguments in four cases. United States , which involves the scope of a key federal bribery law. Below is a brief summary of the other cases before the Court: Ciminelli v. Last week, the U.S. One of the most closely watched is Percoco v. United States v. 1226(c) or 8 U.S.C.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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Constitutional Law Reporter

APRIL 22, 2024

Supreme Court heard oral arguments in six cases last week, with two potential First Amendment blockbusters before the Court. The Second Circuit Court of Appeals dismissed the free speech claims , determining that Vullo is entitled to qualified immunity. Supreme Court granted certiorari on November 3, 2023.

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JonathanTurley

OCTOBER 23, 2022

There is an interesting development out of a case in Louisiana where a federal judge has ruled that Dr. Anthony Fauci and White House officials must testify in a case alleging a backchannel for censorship on social media. The lawsuit filed by Missouri and Louisiana was joined by experts, including Drs. The complaint in Schmitt v.

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JonathanTurley

APRIL 18, 2022

When I was clerking in Louisiana after graduating law school, there was story of a rather notorious local judge asking counsel in a criminal case if he was ready to present the case of the defendant. That law has been treated as dormant given the 1973 decision in Roe v. Gleicher was appointed by Gov.

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Constitutional Law Reporter

SEPTEMBER 16, 2024

Louisiana , the U.S. The Biden Administration had filed emergency applications asking the Court for a partial stay of the injunctions pending resolution of the underlying challenges. District Courts in Louisiana and Kentucky agreed with the plaintiffs and preliminarily enjoined enforcement of the rule in the plaintiff States.

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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it]

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JonathanTurley

APRIL 22, 2023

On Friday night, the Supreme Court ordered the abortion pill mifepristone to continue to be made available to women by mail as challenges continue to be litigated in lower courts. As I mentioned on Fox yesterday before the ruling, the Court usually restores the status quo while challenges are being heard.

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JonathanTurley

NOVEMBER 29, 2021

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law.

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JonathanTurley

JANUARY 31, 2025

The United States Court of Appeals for the Fifth Circuit has issued a major ruling on the Second Amendment, declaring that federal prohibitions on gun sales to adults between the ages of 18-20 are unconstitutional. The Trump Administration will likely support the ruling and not appeal to the Supreme Court. The case is Reese v.

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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. Later, Robert sent John a series of letters offering political advice and sharing his efforts to promote John for a Supreme Court appointment.

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JonathanTurley

JULY 15, 2022

The President and the Court appear in agreement. Here is the column: “Consider the challenge accepted, Court.” ” Ironically, it was the only part of the president’s remarks that is consistent with what the court actually said in its decision in Dobbs v. .” Jackson Women’s Health Organization.

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JonathanTurley

JULY 11, 2022

Here is the column: After the Court’s decision in Dobbs v. There are obviously good-faith objections to the Dobbs decisions on the underlying constitutional interpretation. However, critics have created a parade of horribles that extend beyond that opinion, including arguments expressly rejected by the Court.

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JonathanTurley

SEPTEMBER 22, 2023

Recently, a court found that the Biden Administration’s censorship efforts constituted “ the most massive attack against free speech in United States history. .” Yet, what were the criminal investigations, prosecutions, and enforcement efforts now being claimed as connected to this work? Those words by Chief U.S.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. DEA , where the court upheld the DEAs denial of psilocybin use under the Controlled Substances Act.

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JonathanTurley

JANUARY 10, 2022

Below is my column in the Hill on the vaccine mandate cases before the Supreme Court. Businesses and groups are still waiting to see if the Supreme Court will issue an injunction in the OSHA case. If the Biden administration loses on the OSHA case, it would constitute a major political and legal blow.

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SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions. Wade and Planned Parenthood v.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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JonathanTurley

JANUARY 17, 2021

Blount was a senator from Tennessee who was alarmed by a plan for Spain to cede what is now Louisiana to France. Moreover, if a court were to later declare the trial unconstitutional, it would be seen as a vindication of Trump, who has long maintained that the Washington establishment has been using any means to keep him from office.

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JonathanTurley

JULY 6, 2023

Others are only focusing on the injunctive relief rather than the court’s finding that these states are substantially likely to prevail on the merits in showing that the government use social media companies as surrogates for censorship. Here is the column: The most massive attack against free speech in United States history.”

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SCOTUSBlog

JUNE 26, 2023

Share The Supreme Court on Monday added two new cases to its docket for the 2023-24 term, involving educational benefits for veterans and a rare appearance by the 16th Amendment. A Washington state couple, Charles and Kathleen Moore, went to federal court to challenge the tax. In Moore v. In the second case, Rudisill v.

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JonathanTurley

JUNE 21, 2021

Below is my column in the Hill on the growing number of losses by the Biden Administration in courts around the country, including a particularly embarrassing loss before the United States Supreme Court. Biden also lost a critical immigration fight when a federal court enjoined his 100-day moratorium on deportations.

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JonathanTurley

JUNE 9, 2022

.” It was an ironic statement from a president who has racked up an impressive array of losses in the courts which have found that he has repeatedly disregarded constitutional limits. There was no push back from Kimmel on a statement that is dramatically at odds with the President’s actual record in the courts.

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JonathanTurley

JUNE 27, 2022

That world is already taking shape with states crafting their laws reflecting the values of their citizens from Colorado passing a law protecting the right to abortion up to the moment of birth to Louisiana banning all abortions except in limited circumstances. Here is the column: In their historic ruling in Dobbs v.

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JonathanTurley

JANUARY 6, 2021

Here is the column: It is a touchstone of American constitutional law that nothing protects your right to shout “fire!” Moreover, it also distracts us from critical constitutional issues. It is also important to note that the electoral votes of a given state can be challenged in the courts, as they were after the 2020 election.

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JonathanTurley

JANUARY 18, 2021

It was a reckless speech — but, in a court of law, it would constitute protected speech. William Blount of Tennessee faced allegations of conspiring to help Great Britain seize what is now Louisiana. Courts have long maintained that impeachments are left to Congress. Yet this is different.

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JonathanTurley

NOVEMBER 23, 2020

The problem was that rampant fraud was alleged in Florida, Louisiana and South Carolina. Gore in 2000, the Supreme Court ordered an effective halt to further litigation, but that was just one state. This is where we could see a rare court intervention in a contested election in Congress. In Bush v. 8 or beyond Dec.

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