JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. Free speech demands bright lines. Mosley , 408 U.S.

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JonathanTurley

NOVEMBER 30, 2021

The Washington Post has been criticized for running a column by Aaron Tang , professor of law at the University of California at Davis, claiming an originalist basis for the right to abortion. The scholars objected that the Washington Post published many historical errors to suggest an originalist basis for abortion.

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JonathanTurley

OCTOBER 18, 2021

Bruen, the first major gun rights case before the Supreme Court in ten years. Justices have been openly discussing a case to push back on lower courts that have been chipping away at its Second Amendment jurisprudence. The court will soon take up New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f)

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JonathanTurley

FEBRUARY 7, 2023

Judge Colleen Kollar-Kotelly in the District Court for the District of Columbia has caused a bit of a stir after a hearing in a criminal case where she called for briefing on the alternative grounds for the right to an abortion. The theory runs against the text, history, and case law of the Thirteenth Amendment. 1359, 1365–66 (1992).

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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. In NAACP v. Recently, the U.S.

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JonathanTurley

JULY 27, 2021

There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. Washington in light of its decision.

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SCOTUSBlog

DECEMBER 31, 2022

Share At the end of each year, SCOTUSblog remembers some of the people whose lives and work left an imprint on the Supreme Court. From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. David Beckwith (Oct.

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JonathanTurley

JUNE 4, 2023

The Supreme Court has long held that “speech” protected under the First Amendment includes “expressive conduct.” Washington, 418 U.S. Washington, 418 U.S. The court found that this is content-based discrimination. California provides the standard for determining “obscenity” under the law.” Johnson, 491 U.S.

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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

JULY 16, 2024

It was not just that she reached a conclusion long supported by some conservative lawyers and a Supreme Court justice. The 93-page order methodically goes through the governing cases and statutes for the appointment of prosecutors. As a federal judge in Florida, she is bound by the 11th Circuit and, of course, the Supreme Court.

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SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. Washington. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. Washington implicitly contemplates such situations.

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JonathanTurley

JULY 13, 2022

Recently, Professor Richard Epstein wrote a column in favor of prosecuting protesters targeting Supreme Court justices and criticizing what he calls “First Amendment exceptionalism.” This dangerous attitude turns ‘Congress shall make no law.

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JonathanTurley

DECEMBER 19, 2021

City of Chicago , in which the Court declared that that right is incorporated against state and local government. At its passage, New York officials pounded their chests and promised they were certain of the constitutionality of the law and would litigate it all the way to the Supreme Court.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future. The reason is that these claims are made for cable news, not courts of law.

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JonathanTurley

NOVEMBER 12, 2021

Courts like the United States Court of Appeals for the Fifth Circuit are facing a novel use of workplace regulations in an admitted effort to circumvent constitutional limitations. Klain’s confidence may run into serious constitutional doubts in the courts, however. The question is whether it will work.

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JonathanTurley

OCTOBER 8, 2022

We recently discussed a federal court upholding the Georgia election law as constitutional, rejecting challenges based on voter suppression by a group associated with Democratic Georgia gubernatorial candidate Stacey Abrams. President Biden’s claims about the Georgia law have been refuted, including by the Washington Post.

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JonathanTurley

MARCH 25, 2022

captured the historic confirmation hearing for Judge Ketanji Brown Jackson , the first Black woman nominated to the Supreme Court. It was clear from the outset that Jackson would not discuss her judicial philosophy on interpreting the Constitution or statutes — the very issue Democratic senators cited in voting against Barrett in 2020.

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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

MARCH 21, 2022

Under this standard, the Supreme Court confirmation hearing for Judge Ketanji Brown Jackson could prove to be a masterpiece. They insisted Barrett was evasive and was being put on the Court to kill the ACA. Here is the column: Pablo Picasso once said, “Learn the rules like a pro, so you can break them like an artist.”

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JonathanTurley

JUNE 11, 2021

Here is the column: When Joe Biden nominated Merrick Garland to be attorney general, many — including me — heralded Garland as an honorable, apolitical judge who would follow the law. He was not, the Washington Post editors insisted , “a lackey who will serve as the president’s personal attorney” like Donald Trump ‘s AGs.

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JonathanTurley

JUNE 24, 2024

This week in the Supreme Court, a glimpse of the legal landscape outside of Manhattan came more sharply into view. It looked very different as the Supreme Court, with a strong conservative majority, defended the rights of defendants and upheld core principles that are being systematically gutted in New York. In Gonzalez v.

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JonathanTurley

JULY 3, 2023

Alexandria Ocasio-Cortez bizarrely condemned the Supreme Court for usurping congressional authority by supporting congressional authority in the student loan case. She renewed her calls for retaliation through subpoenas, court packing, and even impeachment. She previously said that she did not understand why we needed a Supreme Court.

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JonathanTurley

SEPTEMBER 6, 2021

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The order of the Court expressly did not reach the merits and certainly did not, as claimed, overturn Roe v. The Texas law is not even the greatest threat to Roe. 1 to demand emergency court intervention.

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JonathanTurley

JUNE 3, 2021

Fred Schilling, Collection of the Supreme Court. A curious thing just happened on the Supreme Court when it issued the sole decision of the day. The 6-3 decision of the Supreme Court in Van Buren v. The case involving computer fraud is interesting to some of us for its says about the intricacies of the federal statute.

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JonathanTurley

DECEMBER 21, 2020

Brandon Hasbrouck is an assistant professor at Washington and Lee University School of Law, has written an article in The Nation calling for a new form of reparations based on voting. He previously argued for packing the Court with “race-conscious justices.” In 1964, the Supreme Court handed down Reynolds v.

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JonathanTurley

APRIL 2, 2022

District Court for the Central District of California this week have electrified commentators across the networks and the Internet. The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. “The illegality of the plan was obvious.” Those words of Judge David O.

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JonathanTurley

FEBRUARY 18, 2022

Most recently, after numerous efforts to dismiss the case, The New York Times found itself in court defending an editorial that bizarrely appeared to blame former Alaska Gov. Rakoff might, however, have just created the ideal case for the Supreme Court to change that standard on appeal. Devin Nunes, R-Calif.

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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

AUGUST 26, 2023

I also raised the problem of an investigation that remained ongoing for years as the statute of limitations expired on major potential crimes. The two witnesses testified that the Justice Department instead allowed the statute of limitations to expire. It turns out that the same concerns were being raised within the Weiss team.

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JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. Even theories denied by the Supreme Court are seen as valid when used against Trump. You can find his updates online @JonathanTurley.

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JonathanTurley

NOVEMBER 21, 2020

Some of these questions are being addressed in the courts. According to the Washington Post , Dana Nessel “is conferring with election law experts on whether officials may have violated any state laws prohibiting them from engaging in bribery, perjury and conspiracy.” And yet, it’s back. In Kelly v.

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JonathanTurley

JUNE 25, 2024

From the descriptions in the Washington Post, New York Times and virtually every mainstream media outlet, you would think that Cannon was a freak in the courtroom, raving uncontrollably at any passerby. Attorneys be appointed under statute or nominated by the president (and confirmed by the Senate). It is a baffling lecture.

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JonathanTurley

JUNE 1, 2024

Here is the column: After years of trying — in the words of the judge — “to get the damned rascal in this court,” it was a conviction that many welcomed. But those words were not from Manhattan Supreme Court Justice Juan Merchan, and the conviction was not that of former President Donald Trump. We are better than this.

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JonathanTurley

JULY 4, 2021

Below is my column in USA Today on the Supreme Court’s rejection of the challenge to the Arizona’s new election rules. The 6-3 decision undermines the claims raised in the new challenge to Georgia’s election law. The lower courts divided on the question. Some rejected the discrimination claims.

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