JonathanTurley

JUNE 23, 2022

As predicted , the Supreme Court handed down a momentous opinion in favor of Second Amendment rights today in New York State Rifle & Pistol Association, Inc. In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. Penal Law § 400.00(2)(f)

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SCOTUSBlog

JUNE 27, 2023

Share The Supreme Court on Tuesday threw out the conviction of Billy Raymond Counterman, a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on his Facebook messages. Counterman came to the Supreme Court last summer, asking the justices to weigh in.

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JonathanTurley

OCTOBER 18, 2021

Below is my column in the Hill on the makings of a blockbuster case in New York State Rifle & Pistol Association Inc. Bruen, the first major gun rights case before the Supreme Court in ten years. The court will soon take up New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f)

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Constitutional Law Reporter

DECEMBER 6, 2023

Supreme Court heard oral arguments in three cases this week, with the Second Amendment taking center stage. In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. The case, United States v. Bruen , 597 U.S. _ (2022). 1681 et seq.,

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JonathanTurley

NOVEMBER 26, 2020

Supreme Court delivered a surprising blow to pandemic restrictions on house of worship in a late night order barring the enforcement of New York Gov. Notably, this is the first major ruling where Barrett’s addition to the Court was determinative as the swing vote. The diocese filed with the Supreme Court on Nov.

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JonathanTurley

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. Bruen , the first Second Amendment case before the Supreme Court in over ten years. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f)

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Constitutional Law Reporter

NOVEMBER 3, 2021

Supreme Court heard oral arguments in person for the first time in more than 18 months. Below is a brief summary of the other cases before the Court: Wooden v. Davenport: This case asks the Court to determine the correct standard for harmless-error review of state convictions in federal habeas proceedings. Last week, the U.S.

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JonathanTurley

NOVEMBER 2, 2021

On Wednesday, the Supreme Court will take up arguably the oldest and most controversial right in our history. New York State Rifle Association v. Bruen is the first major gun rights case in over ten years to come before the Supreme Court and it has the makings of a major gun rights victory in the making.

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SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. The public safety implications of the right the court announced last week are far from controversial.

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JonathanTurley

JULY 23, 2022

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent.

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JonathanTurley

SEPTEMBER 30, 2021

It is the latest loss of the city, which continues to pass legislation that runs afoul of governing Supreme Court precedent. Heller , the Supreme Court in 2008 ruled the right to bear arms is an individual right. City of Chicago , the court ruled that this right applied against the states. In District of Columbia v.

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Constitutional Law Reporter

DECEMBER 4, 2023

Supreme Court recently heard oral arguments in its first significant Second Amendment case in two years. Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. The case, United States v.

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Constitutional Law Reporter

FEBRUARY 10, 2022

New York , 595 U. Supreme Court held that the trial court’s admission—over a criminal defendant’s objection—of the plea allocution transcript of an unavailable witness violated his Sixth Amendment right to confront the witnesses against him. The Court’s vote was 8-1, with Justice Clarence Thomas as the lone dissenter.

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JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York.

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Constitutional Law Reporter

JUNE 5, 2023

Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the Court, the law did not violate the dormant commerce clause in regulating the pork industry outside California. We decline that invitation.

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Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. In National Rifle Association of America v. Vullo , 602 U.S. _ (2024), the U.S.

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Constitutional Law Reporter

DECEMBER 11, 2023

Supreme Court continues to add high-profile gun rights cases to its docket. One of the new cases involves a First Amendment challenge brought by the National Rifle Association (NRA). The Second Circuit Court of Appeals dismissed the free speech claims , determining that Vullo is entitled to qualified immunity.

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Broadcast Law Blog

MARCH 16, 2017

The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. A decision on this issue in any state is binding only in that state. A decision on this issue in any state is binding only in that state.

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JonathanTurley

JULY 23, 2024

The United States Court of Appeals for the Eighth Circuit has handed down a major ruling in Worth v. The opinion by Judge Duane Benton upholds a lower court in striking down a Minnesota law limiting gun permits for persons 21 years old. They are clearly “people” under the Constitution.

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Constitutional Law Reporter

AUGUST 13, 2024

Supreme Court upheld a federal law that prohibits individuals subject to a domestic violence restraining order from possessing a gun. The District Court denied Rahimi’s motion to dismiss the indictment on Second Amendment grounds. In light of Bruen , the Fifth Circuit Court of Appeals reversed. In United States v.

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Constitutional Law Reporter

MARCH 10, 2022

Supreme Court recently returned to the bench for its February sitting. The issues before the Court involved Native American law and immigration. Below is a brief summary of the cases before the Court: Denezpi v. Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion.

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NewYorkCourtWatcher

JULY 1, 2023

Wilson, Opening RemarksSenate Confirmation Hearing, April 17, 2023 At Columbia Law SchoolIn previous posts in this series, we reviewed Rowan Wilson's eventual selection to sit on New York's highest court in 2016 by then-Governor Andrew Cuomo, and his nomination to be Chief Judge this past April by

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JonathanTurley

OCTOBER 19, 2021

The law further states “The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.”. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. The language of this Court in Brown v.

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Constitutional Law Reporter

MAY 13, 2022

Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Supreme Court’s Decision.

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JonathanTurley

MAY 31, 2021

Some have called for the change to increase diversity in the schools, particularly after California voters refused to change the long ban on affirmative action in education under state law. Here is the column: The Supreme Court will decide early next month whether to take a new case on the use of race in college admissions.

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JonathanTurley

DECEMBER 6, 2023

The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. What constitutes racist imagery is a matter of public debate and Phillips can argue that this is obviously just his opinion. In New York Times v. In 1967, the Supreme Court handed down Time, Inc.

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JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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JonathanTurley

JANUARY 7, 2025

There is an interesting defamation case out of New York in which the Second Circuit upheld the dismissal of the lawsuit by Louis Farrakhan and the Nation of Islam (NOI) against the Anti-Defamation League (ADL) and individual defendants Jonathan Greenblatt, the Simon Wiesenthal Center, and Rabbi Abraham Cooper. In Farrakhan v.

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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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Conflict of Laws

AUGUST 31, 2021

It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law (in English).

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JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

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JonathanTurley

JANUARY 3, 2021

Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminal laws. Mayes (1896) where the Court declined to apply individual rights protections to a tribal proceeding. Conversely, in Morton v.

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JonathanTurley

JULY 23, 2021

As will come as little surprise to many on this blog, I oppose such government requirements imposed on individual contractors and employees as inimical to free speech , a view shared by various federal courts. ” An actual state boycott could raise serious constitutional questions in interfering with interstate commerce and free speech.

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JonathanTurley

JUNE 22, 2022

As we wait for the release of the most significant Second Amendment case in over a decade from the Supreme Court (as early as tomorrow), CBS featured Ibram X. States opposed to slavery, like Vermont, Pennsylvania, New Hampshire, New York and Rhode Island, had precursor state constitutional provisions recognizing the right to bear arms.

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JonathanTurley

OCTOBER 31, 2021

There is a troubling report in The New York Times of another free speech fight on one of our campuses. Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws.

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JonathanTurley

AUGUST 12, 2021

In their guest essay for the New York Times Chemerinsky and Edlin declare any such successful recall would be unconstitutional as a denial of the principle of “one person, one vote.” ” The reason, however, would seem to suggest a wide array of elections as unconstitutional in the process. Sanders and Reynolds v.

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