Constitutional Law Reporter

NOVEMBER 28, 2022

Supreme Court had a busy week, hearing oral arguments in five cases. University of North Carolina, which are poised to determine the role of affirmative action in college admissions. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Harvard College and SFFA v. 306 (2003).

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JonathanTurley

OCTOBER 31, 2022

University of North Carolina. 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. In Bakke, the court ruled against affirmative action in a fractured decision.

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JonathanTurley

NOVEMBER 16, 2023

I am happy to announce the publication of my latest law review article, The Unfinished Masterpiece: Compulsion and the Evolving Jurisprudence Over Free Speec h. The work not only discusses the recent 303 Creative ruling of the Supreme Court, but an important case now pending before the Court for possible review, Porter v.

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JonathanTurley

APRIL 26, 2022

Now, the United States Supreme Court has denied a request for emergency intervention in the case. The Court may still review the admissions changes and three justices are already signaling that they would like to do so. There is a general preference for regular order in allowing lower courts to be heard.

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Constitutional Law Reporter

FEBRUARY 27, 2023

Supreme Court recently granted certiorari in Counterman v. 723 (2015), but ultimately decided the case before reaching the constitutional issue. The Colorado Court of Appeals affirmed the conviction. The court acknowledged that “[s]ocial media magnify the potential for a speaker’s innocent words to be misunderstood.”

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JonathanTurley

NOVEMBER 20, 2023

Those efforts received a boost recently from the United States Court of Appeals for the Fourth Circuit, which rejected the free speech claims of North Carolina State University Professor Stephen Porter. Board of Trustees of North Carolina State University is pending before the Supreme Court for possible review.

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JonathanTurley

MARCH 10, 2023

The Supreme Court is expected to rule soon on the use of race criteria in the admission of students in Students for Fair Admissions v. University of North Carolina. For decades, universities have avoided the type of outright quota the court held unconstitutional in Regents of the University of California v.

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JonathanTurley

MARCH 4, 2023

.” The question is whether such race-based leave would be constitutional. The Supreme Court has required satisfaction of the strict scrutiny test in race-based programs but has not (thus far) ruled out any consideration of race in admissions or other benefits. That could trigger a challenge by non-Black faculty.

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JonathanTurley

APRIL 15, 2022

Notably, this week, the board defended its policy before the Supreme Court by insisting that it was not “race balancing” and that the new policy is entirely “race neutral.” The TJ case is important not just to constitutional but educational standards in America.

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JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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Above The Law

FEBRUARY 2, 2023

appeared first on Above the Law. ‘What a relief to have nothing to say, the right to say nothing, because only then is there a chance of framing the rare, or ever rarer, the thing that might be worth saying.’ - Gilles Deleuze, Negotiations The post Hey Judge, I Thought That State-Compelled Speech Was A No No?

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JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. In a real first amendment case, a court would have little patience with such a standard as a limitation on free speech. DeBartolo Corp.

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JonathanTurley

JULY 7, 2023

The last week’s historic decisions from the Supreme Court led to an array of factual objections from critics. That is not the case with a mathematical challenge raised to the dissent of Justice Ketanji Brown Jackson in the North Carolina affirmative action case. Those mistakes, however, had little impact on the reasoning.

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JonathanTurley

MARCH 31, 2024

Law schools have been accused of “gaming the system” on admissions criteria for years to circumvent federal law and governing cases on the use of race or gender. Those concerns only increased after the Supreme Court categorically rejected the use of race in admissions in Students for Fair Admissions Inc.

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JonathanTurley

JULY 8, 2023

The United States Court of Appeals for the Fourth Circuit has delivered a body blow to free speech as well as academic freedom in a ruling against a statistics professor at North Carolina State University. In that way, the court avoids the necessity of applying the balancing test under Pickering v. Board of Education.

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JonathanTurley

SEPTEMBER 15, 2022

Today I have the honor of speaking to the judges and lawyers in the 2022 Ohio Judicial conference on the Supreme Court in Columbus, Ohio. I will be discussing the last year of cases and controversies for the Court from leaks to threats as well as the recent and upcoming decisions. Students for Fair Admissions v.

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Constitutional Law Reporter

OCTOBER 19, 2022

In the wake of its controversial 2021 term, all eyes will be on the Supreme Court when the justices return to the bench in October. Harper , an elections case out of North Carolina that involves how much oversight state courts may exercise over federal elections. Supreme Court’s decision in Rucho v. I § 4, cl.

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SCOTUSBlog

JUNE 27, 2022

Share At last Thursday’s conference, the justices considered several high-profile petitions for review, involving issues like New York’s vaccine mandate for health-care workers, whether to overrule the court’s landmark decision in New York Times v. But the justices on Monday turned down that request.

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Constitutional Law Reporter

APRIL 4, 2022

Supreme Court heard oral arguments in four cases last week, it was missing hospitalized Justice Clarence Thomas. The issues before the Court included challenges to North Carolina’s voter ID law, the waiver of arbitration agreements, and international child custody disputes. Concepcion , 563 U.S. Luxshare, Ltd.:

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SCOTUSBlog

JULY 28, 2022

Share When the Supreme Court ended the constitutional right to abortion in Dobbs v. The Dobbs majority opinion was the third-longest Supreme Court opinion since the beginning of the 1946-47 term, according to our analysis. Both trends could further diminish perceptions of a collegial and productive court.

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SCOTUSBlog

OCTOBER 30, 2022

Share Last term at the Supreme Court teemed with culture-war issues: guns , religion , climate change , COVID vaccines , and of course abortion. In 1978 , 2003 , and 2016 , the court affirmed that universities may consider applicants’ race as part of an effort to foster diversity on campus. Start with affirmative action. In Haaland v.

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JonathanTurley

AUGUST 21, 2023

A number critics have cited a New Mexico case where such a disqualification of a local politician named Couy Griffen was approved by a court and then upheld by the New Mexico Supreme Court. Yet, it is untrue that “the New Mexico Supreme Court upheld the decision to disqualify” and established counter precedent on the issue.

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JonathanTurley

SEPTEMBER 30, 2023

2] Mark Moore, Court Upholds Bribery Conviction of Chinese Exec Patrick Ho Linked to Hunter Biden , N.Y. This hearing returned the impeachment process to a type of regular order in reserving judgment until all of the evidence could be acquired by the three committees.

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JonathanTurley

JULY 8, 2022

It was always doubtful that a law school would take the unprecedented step of barring a sitting Supreme Court justice. The problem is that most targets of these campaigns have neither the status nor the day job of a Supreme Court justice. Here is the column: Clarence Thomas last week became cancel culture’s latest target.

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JonathanTurley

SEPTEMBER 17, 2022

The keynote address will cover “ Emerging Cases and Controversies Before the Roberts Supreme Court.” ” It is a particular privilege to address the conference on Constitution Day. We are experiencing a crisis of faith in our Constitution, including attacks on the Court and individual justices.

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JonathanTurley

MAY 5, 2021

She was also left off the starters in the next game against North Carolina. The complaint should be enough to get through a motion to dismiss unless the court deems the resignation to be determinative. She was pulled as a starters in the next game against Clemson and again Adair allegedly berated her publicly.

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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. Indeed, the rulings in cases involving Harvard and the University of North Carolina ended decades of muddled 5-4 decisions. In barring the use of race in admissions, the Court believed that it was protecting that very guarantee.

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Constitutional Law Reporter

JANUARY 3, 2023

Supreme Court heard oral arguments in two potential blockbuster cases. Harper , the Court considered a contentious elections law dispute involving how much oversight state courts may exercise over federal elections. Last week, the U.S. The first, 303 Creative LLC v. Meanwhile, in Moore v.

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JonathanTurley

JULY 8, 2021

Under this approach, free speech becomes like pornography under the famous test of Supreme Court Justice Potter Stewart: “I shall not today attempt further to define the kinds of material … and perhaps I could never succeed in intelligibly doing so. He then tweeted a condemnation of North Carolina Gov.

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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. He repeatedly had to go to court to defend his right to continue to teach.

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SCOTUSBlog

MARCH 7, 2022

Share The Supreme Court on Monday refused to block orders by courts in North Carolina and Pennsylvania that threw out the congressional maps enacted by the states’ Republican legislatures and replaced them with maps drawn by the trial courts. The North Carolina case.

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JonathanTurley

JANUARY 27, 2022

Below is my column in the Hill on the Supreme Court accepting two cases dealing with racial preferences in college admissions. Here is the column: Last year, I wrote about the Supreme Court’s “train whistle” docket with cases on abortion, guns, immigration, and other issues barreling down the track. University of North Carolina.

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects. HeidiLiFeldman.

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JonathanTurley

SEPTEMBER 30, 2022

A professor at the University of North Carolina recently sent me an article on a “free speech event” held at the UNC Center for Media Law and Policy as part of the University’s 13th First Amendment Day celebration. Moreover, if there is defamation, the courts allow for stripping away anonymity in many cases.

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JonathanTurley

JUNE 8, 2022

Shapiro has elected to leave Georgetown to take a position with the Manhattan Institute given the lack of support for his right to speak freely at the law school. Shapiro is under fire for his opposition to the pledge by President Joe Biden to limit consideration for the next Supreme Court nominee to a black female.

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JonathanTurley

JANUARY 18, 2021

This has remained an open question and much contested in the United States as I noted in my later North Carolina article. Jonathan Turley, The “Executive Function” Theory, the Hamilton Affair and Other Constitutional Mythologies, 77 North Carolina Law Review 1791-1866 (1999).

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JonathanTurley

MAY 10, 2022

In the name of democracy, these Democrats have demanded that courts prevent voters from being able to vote for incumbent members. It has been rejected repeatedly in the courts. The latest such ruling comes from the Arizona Supreme Court which ruled that Democrats could not prevent Rep. The court case is Thomas Hansen v.

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