Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In 2014, Freed updated his Facebook page to reflect his position as city manager of Port Huron, Michigan. The Sixth Circuit Court of Appeals affirmed. In Lindke v. Freed , 601 U.S. _ (2024), the U.S.

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JonathanTurley

JANUARY 25, 2024

Maine Secretary of State Shenna Bellows lost another attempt to force review of her disqualification “decision” before the United States Supreme Court hears arguments on the issue on Feb. The Maine Supreme Court declined to review the matter. A year after the riot , Bellows was still denouncing the “violent insurrection.”

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Constitutional Law Reporter

APRIL 18, 2023

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

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Constitutional Law Reporter

SEPTEMBER 25, 2023

Supreme Court struck down the college admissions programs of Harvard University and the University of North Carolina. The Court held that the raced-based policies violated the Constitution’s Equal Protection Clause. In both cases, the lower courts upheld the admissions policies, and Students for Fair Admissions appealed.

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JonathanTurley

OCTOBER 31, 2022

Here is the column: Forty-four years ago, the Supreme Court was the center of a raging protest by thousands as the justices took up the case of Regents of the University of California v. As a teenage congressional page, I was one of the faces in that crowd gathered around the court in October 1977 to watch history being made.

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JonathanTurley

JULY 2, 2023

There is an interesting debate unfolding around the country in the aftermath of the Supreme Court barring the use of race in college admissions. For decades, colleges and universities have sought to downplay the weight given to race in court while insisting that it was one of a number of factors used in maintaining diversity.

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JonathanTurley

JULY 24, 2021

However, Trask was also key to the arrest of men in the alleged plot to kidnap Michigan Gov. In the Michigan case, six men are charged with a conspiracy that involved kidnapping Whitmer but news outlets like BuzzFeed News have raised serious concerns over how much of the conspiracy was directed and facilitated by the FBI.

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Constitutional Law Reporter

NOVEMBER 28, 2022

Supreme Court had a busy week, hearing oral arguments in five cases. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Below is a brief summary of the other cases before the Court: Cruz v.

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JonathanTurley

JUNE 22, 2021

Notably, this sensitive subject has led to some sharp words even on the Supreme Court. ” In 2014, the Court ruled 6-2 in Schuette v. Bamn , that Michigan’s constitutional amendment banning affirmative action was constitutional. However, Lipson and LeFevre are not likely to raise the matter.

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JonathanTurley

OCTOBER 25, 2021

The problem is that the courts already recognize some religious exemption arguments. Those arguments are based on both the constitutional protection of religious values but also laws like Title VII of the Civil Rights Act, 42 U.S.C. There is a move in many states to refuse to allow such exemptions, but courts have pushed back.

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JonathanTurley

JULY 7, 2022

Now a Harvard poll reaffirms earlier polling that shows most Americans embrace views closer to Mississippi than Michigan on abortion. Indeed, while Democratic leaders denounced the Mississippi law setting a 15-week limit on abortion, 72 percent of those polled support that limit. Supreme Court overturned Roe v.

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JonathanTurley

DECEMBER 29, 2023

Now, a filing in the Supreme Court supporting censorship efforts by the Biden Administration has supplied a handy list of the anti-free speech states for citizens. Not surprisingly, the state of California is leading the effort to get the Supreme Court to reverse a decision enjoining the government from censorship efforts.

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JonathanTurley

DECEMBER 21, 2020

the outcomes in Georgia, Michigan, Wisconsin, and Pennsylvania were worryingly close.”. He previously argued for packing the Court with “race-conscious justices.” ” I have been a critic of court packing schemes raised after the confirmation of Justice Amy Coney Barrett. t is ours, too. It must be ours.”.

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JonathanTurley

JULY 12, 2024

This movement is expanding and accelerating in its effort to curtail the right that Supreme Court Justice Louis Brandeis once called “indispensable” to our constitutional system. University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade has written how dangerous free speech is for the nation.

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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. According to The Detroit News , Gleicher issued a statement that.

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JonathanTurley

AUGUST 30, 2024

”) in Michigan who was ordered to remove this sweater with the popular phrase “Let’s Go, Brandon.” District Judge Paul Maloney in the Western District of Michigan. Courts too have recognized how seemingly innocuous phrases may convey profane messages. ” We now have a ruling from U.S.

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JonathanTurley

SEPTEMBER 25, 2024

She was alluding to the 2021 Capitol riot, but she and her party are also attacking the foundations of our democracy: the Supreme Court and the freedom of speech. Harris, said they were open to the idea of packing the court by expanding the number of seats. said in 2021, explaining her support for a court-packing bill. “I

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JonathanTurley

APRIL 1, 2021

The Wisconsin Supreme Court blocked Democratic Gov. It is similar to a ruling rejecting orders by Michigan Gov. However, in dissent, Justice Ann Walsh Bradley wrote that the court should allow for a more fluid reading in light of the pandemic: “This is no run-of-the-mill case. Gretchen Whitmer. Act 109, § 340L.

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JonathanTurley

OCTOBER 4, 2024

Walz proceeded to quote the line from a 1919 case in which Supreme Court Justice Oliver Wendell Holmes said you do not have the right to falsely yell fire in a crowded theater. interjected with the fire-in-a-theater question to say such censorship is needed and constitutional. It also is fundamentally wrong. Dan Goldman, D-N.Y.,

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SCOTUSBlog

APRIL 9, 2021

Share President Joe Biden will issue an executive order to create a commission to study potential reforms to the Supreme Court, the White House announced on Friday. In its statement, the White House indicated that the commission will be a bipartisan one, made up of experts “on the Court and the Court reform debate.” Guy-Uriel E.

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JonathanTurley

JUNE 30, 2023

The decision of the Supreme Court to end the use of race in college admissions was not unexpected. Yet, President Joe Biden seemed to go into full attack mode and actually claimed that the Court gutted the constitutional guarantee that “all men and women are created equal.”

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JonathanTurley

JULY 18, 2022

Here is the column: Throughout its history, the Supreme Court has overturned long-standing precedents, as it did recently in Dobbs v. As intended by the court , much of the debate over abortion will now fall on citizens to decide in the democratic process. Michigan Gov. Jackson Women’s Health Organization.

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JonathanTurley

MARCH 17, 2021

The litigation over the 2020 election seem to be continuing with a ruling this week from Michigan Court of Claims Chief Judge Christopher Murray that Secretary of State Jocelyn Benson (D) broke state law in issuing new rules on absentee balloting before the 2020 election. Here is the opinion: Genetski v. Benson, No.

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The Crime Report

MARCH 25, 2022

For three days, Americans watched the Senate Judiciary Committee hold what were called confirmation hearings for Supreme Court nominee Judge Ketanji Brown Jackson. The question of being “hard” or “soft” on crime should not be an issue that defines the qualifications of a Supreme Court Justice. The hearings barely lived up to the name.

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JonathanTurley

FEBRUARY 27, 2023

While the Supreme Court has allowed limited exceptions, it does not bestow on the government the open right to strip protection of speech because it is deemed “hateful.” Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct.

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JonathanTurley

NOVEMBER 22, 2022

With 382 saleswomen and models, the court found that the group was too large. However, with the 25 salesmen, the court found that an action could be maintained. I was, therefore, gladdened by the Supreme Court ruling 8-1 in favor of free speech in the case, even if it meant a victory for odious Westboro Church.

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JonathanTurley

JUNE 8, 2021

In a letter, the court found a basis for a temporary injunction to allow Cross to return until Dec. 31 pending further orders of the court. Accordingly, “[T]he Court has found … that the disruption relied upon was insufficient.” Indeed, if Cross is fired, such questions could be soon before a court.

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JonathanTurley

NOVEMBER 15, 2023

Yesterday, a Michigan judge was the latest to dismiss the effort to prevent voters from being able to vote for Trump. State Judge James Robert Redford rejected the challenge and found that the courts lack the claimed authority under the theory. I have previously addressed the constitutional basis for this claim.

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JonathanTurley

NOVEMBER 21, 2020

Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. Some of these questions are being addressed in the courts. And yet, it’s back.

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JonathanTurley

NOVEMBER 24, 2023

This month, the Coolidge Reagan Foundation has called upon the Michigan bar to investigate and sanction Rep. Backer insists that Tlaib “clearly violated” the Michigan bar’s ethics code due to her inflammatory remarks. Rashida Tlaib, D-Mich., over her comments on Gaza and Israel.

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JonathanTurley

OCTOBER 3, 2022

Below is my column in The Hill on the start of the new Term for the Supreme Court. ” Does that make the three liberals justices voting together on the Court the “judicial arm of the Democratic Party”? .” That is, of course, manifestly true for the highest court in the land. I was wrong. Of course not.

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JonathanTurley

JUNE 25, 2024

Most recently, the left expressed nothing short of horror that Judge Cannon allowed the Trump team to argue a point of constitutional law in a hearing. Thus far, they have been unsuccessful, but none have gone to the Supreme Court. That’s been addressed in multiple courts. It is a baffling lecture. Cannon’s colleagues.

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JonathanTurley

JANUARY 5, 2024

These efforts show how this theory could place this country on a slippery slope to political chaos if not clearly and finally rejected by the Supreme Court. Alexandria Ocasio-Cortez, Jamaal Bowman and Ritchie Torres and “Squad” members Ilhan Omar of Minnesota and Rashida Tlaib of Michigan. Scott Perry. Cori Bush (D-Mo.)

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JonathanTurley

JANUARY 3, 2024

Below is my column in The Messenger on the challenge facing the Supreme Court in the coming week over the electoral disqualification of former president Donald Trump in Colorado and Maine. The appeal in Maine has been filed and can now work its way up to the Court. Colorado is expected to file with the Court this week.

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JonathanTurley

MARCH 28, 2023

A professor at Wayne State University in Detroit, Michigan, has been suspended after posting threatening statements on social media posts that suggested that people would be justified in killing speakers who hold opposing views on issues like transgender policies. Wayne State University President M.

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The Volokh Conspiracy

JUNE 20, 2025

Second , Part I of the opinion provides a readable digest of the Court's Equal Protection Clause jurisprudence. Courts can discern animus from the ether. Footnote Four was a creation of the New Deal Court that had no bearing in the text or history of the Constitution. We have no answer. Why do this? at 153, n. at 152, n.

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JonathanTurley

OCTOBER 24, 2024

The poll sampled 5,016 registered voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. Yet that horrible day was the vindication, not the expiration, of our constitutional system. In the courts, many Trump-appointed judges ruled against challenges to the election. The system worked.

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