JURIST

APRIL 25, 2021

The US Supreme Court Thursday held that Social Security disability claimants are not bound by the issue-exhaustion requirement in administrative law judge (ALJ) hearings. Writing for a 9-0 court, Justice Sonia Sotomayor concluded that although the Social Security claimants in Carr v.

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SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. It was both an “act of desperation” and an “act of faith in the United States constitution.”

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Constitutional Law Reporter

SEPTEMBER 23, 2024

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U. In Corner Post, Inc.

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SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. When it applies, it is because the right in question is a “public” right that would not have required the kind of “[s]ui[t] at common law” to which the Seventh Amendment applies.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. Supreme Court’s Decision The Supreme Court sided with Durbin. In Durbin v. 1028A(a)(1).

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JURIST

NOVEMBER 7, 2022

The US Supreme Court Monday heard oral arguments in Axon Enterprise, Inc. Axon filed proceedings in federal district court claiming that agency proceedings violate its due process rights. ” Moreover, Axon argues that the FTC lacks expertise in constitutional issues and acts outside of its scope of authority.

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Constitutional Law Reporter

SEPTEMBER 22, 2021

Supreme Court struck down the federal government’s ban on evictions, which was scheduled to last until October 3, 2021. In an unsigned opinion, the divided Court held that the Centers for Disease Control and Prevention (CDC) exceeded its existing statutory authority by issuing a nationwide eviction moratorium. Facts of the Case.

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SCOTUSBlog

AUGUST 29, 2023

Share So many books cover the work of the Supreme Court that the Journal of Supreme Court History can review several of them in each issue. The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. But this book has much more to offer the student of the modern court.

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SCOTUSBlog

DECEMBER 6, 2022

Share The Supreme Court heard a confusing and wide-ranging discourse yesterday in MOAC Mall Holdings LLC v. For the generalist Supreme Court follower, the case is a technical one, involving the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its interest in a lease.

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Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Under Chevron’s two-step analysis, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.”

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Constitutional Law Reporter

FEBRUARY 23, 2021

Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. After unsuccessfully seeking compensation in Germany, the heirs brought several common law property claims in U.S. Supreme Court’s Decision.

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Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. Supreme Court’s Decision By a vote of 5-4, the Court reversed.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. Kirtz , 601 U.S. _ (2024), the U.S. government.

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Constitutional Law Reporter

JUNE 10, 2024

Supreme Court upheld the funding scheme that supports the Consumer Financial Protection Bureau (CFPB or Bureau). Facts of the Case The case centers on the Constitution’s Appropriation Clause, which commands that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. of America, Ltd.,

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. The Court further found that the context and the statutory text both supported its interpretation.

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SCOTUSBlog

APRIL 22, 2022

Share The Supreme Court doesn’t care all that much for method-of-execution challenges. In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. Since at least Nelson v. Campbell in 2004 and Hill v.

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Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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SCOTUSBlog

APRIL 8, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. After a district court upheld the convictions, Dubin appealed. Issues Before the Supreme Court. Facts of the Case.

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Constitutional Law Reporter

JUNE 3, 2022

Supreme Court held that the Fifth Circuit Court of Appeals erred in adopting an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice. The prejudice requirement is not a feature of federal waiver law generally, but unique to arbitration. Supreme Court’s Decision. In Morgan v.

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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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Constitutional Law Reporter

MARCH 6, 2023

Supreme Court heard oral arguments in two big cases involving Big Tech this week. ” In practice, the statute immunizes platforms like YouTube, Google, Facebook and Twitter for publishing third-party content, such as someone who posts a video on YouTube or a statement on Facebook. The cases, Gonzalez v. Google and Twitter 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

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

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Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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Constitutional Law Reporter

JULY 19, 2023

Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. The Colorado Supreme Court denied review. In Counterman v.

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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Constitutional Law Reporter

NOVEMBER 2, 2022

Supreme Court heard oral arguments in four cases last week. The Court previously held in Campbell v. Below is a brief summary of the three other cases before the Court: National Pork Producers Council v. Decisions in all of the cases are expected before the Court’s term concludes in June 2023. Acuff-Rose Music , 510 U.S.

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Constitutional Law Reporter

OCTOBER 25, 2023

Supreme Court returned to the bench on October 2, 2023. The justices heard three oral arguments in the first week of the new term and considered issues ranging from a civil rights tester’s right to sue to federal sentencing laws to the constitutionality of the Consumer Financial Protection Bureau.

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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. In Mallory v. Bauman , 571 U.S.

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Constitutional Law Reporter

MARCH 14, 2023

Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. Buckley sued in California state court and won, leaving the Bartenwerfers jointly responsible for more than $200,000 in damages.

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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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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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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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LexForti

OCTOBER 4, 2021

There were multiple Petitions which were filed at Madras High Court. These Petitions were filed under Article 226 of the Constitution. Now the Division Bench of the Madras High Court passed an interim order on 2 nd August 2021. The said order was appealed before the Supreme Court of India. High Court.

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Constitutional Law Reporter

JUNE 17, 2024

Supreme Court held that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred. The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. The District Court agreed.

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Constitutional Law Reporter

APRIL 12, 2021

Supreme Court held that to qualify as an “automatic telephone dialing system” under the Telephone Consumer Protection Act of 1991 (TCPA), a device must have the capacity either to store, or to produce, a telephone number using a random or sequential number generator. The Ninth Circuit Court of Appeals disagreed. In Facebook Inc.

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