Constitutional Law Reporter

JANUARY 24, 2023

The First, Third, Seventh, Ninth, Eleventh, and District of Columbia Circuits have held that redacted confessions must be considered in the context in which the government proffers those statements to determine if they implicate the defendant. Oral argument dates have yet to be determined in either case.

Court 59

Court Real Estate Government Constitutional Law 59

JonathanTurley

JUNE 23, 2022

In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. Two years after Heller, in McDonald v. City of Chicago , the court ruled that this right applied against the states. This case concerned concealed-carry restrictions under N.Y.

Court 59

Court Court Rules Litigation Litigating 59

Constitutional Law Reporter

MARCH 4, 2025

If FDA denies an application for authorization, “any person adversely affected by such denial may file a petition for judicial review of such denial with the United States Court of Appeals for the District of Columbia or for the circuit in which such person resides or has their principal place of business.”

Manufacturing 52

Manufacturing Court Constitutional Law Statute 52

JonathanTurley

JUNE 1, 2022

While there are good-faith objections to how the Second Amendment has been interpreted, the current case law makes such bans very difficult to defend. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller , recognizing the Second Amendment as encompassing an individual right to bear arms.

Laws 11

Laws Constitutional Law Court 11

JonathanTurley

JULY 23, 2022

and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent. The Court held in District of Columbia v. Heller that the Second Amendment protects arms that are “commonly used by law-abiding citizens for lawful purposes.”

Court 53

Court Laws Constitutional Law 53

Constitutional Law Reporter

DECEMBER 11, 2023

Court of Appeals for the District of Columbia Circuit upheld the ATF rule, creating a circuit split. The post SCOTUS Adds Two Additional Gun Rights Cases to Docket appeared first on Constitutional Law Reporter. While the Sixth Circuit Court of Appeals reached the same conclusion in a similar suit, the U.S.

Court 52

Court Constitutional Law Government Laws 52

JonathanTurley

NOVEMBER 4, 2021

In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. Yesterday’s oral argument appeared to confirm the expectations in those columns on the likely reversal of the United States Court of Appeals for the Second Circuit and a reinforcement of Second Amendment rights.

Court 51

Court Laws Court Rules Constitutional Law 51

JonathanTurley

NOVEMBER 2, 2021

That is evident from the fact that it was not until 2008 that the Supreme Court finally recognized the right to bear arms as an individual right in District of Columbia v. Despite that history, the meaning of the right has remained the subject of heated debate. Two years after Heller, in McDonald v.

Court 57

Court Laws Court Rules Constitutional Law 57

JonathanTurley

OCTOBER 12, 2021

I recently discussed the Supreme Court’s affirmance of a decision rejecting constitutional arguments that the District of Columbia is entitled to a vote in Congress. I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood.

Litigation 31

Litigation Litigating Legal Legal 31

JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. The case promises to be a showdown between the Supreme Court and lower courts, which have been chipping away at the high court’s prior Second Amendment rulings. Two years after Heller, in McDonald v.

Court 55

Court Litigation Litigating Laws 55

JonathanTurley

MARCH 10, 2022

District of Columbia v. The Ninth Circuit acknowledge that “while there need not be ‘a case directly on point, [] existing precedent must have placed the statutory or constitutional question beyond debate.” Wesby, 138 S. 577, 589 (2018). ” Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011).

Statute 8

Statute Court Laws Constitutional Law 8

JURIST

AUGUST 16, 2023

The US Court of Appeals for the District of Columbia Circuit on Tuesday reversed the dismissal of a lawsuit against the District of Columbia alleging that it selectively enforced its defacement ordinance against anti-abortion protesters but not Black Lives Matter (BLM) protesters in the summer of 2020.

Cause of Action 197

Cause of Action Court Constitutional Law Government 197

JonathanTurley

JULY 26, 2024

In 2008, the District of Columbia brought us District of Columbia v. District of Columbia et.al. I have previously written how New York, D.C., Heller , the watershed decision declaring that the Second Amendment protects the individual right of gun possession. In 2010, Chicago brought us McDonald v.

Drafting 69

Drafting Government Court Laws 69

JonathanTurley

SEPTEMBER 9, 2023

In 2008, the District of Columbia in 2008 brought us District of Columbia v. We have seen how Democratic strongholds have proven the greatest assets for gun-rights advocates. major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures.

Drafting 87

Drafting Government Court Laws 87

Constitutional Law Reporter

JUNE 3, 2022

District Court for the District of Columbia. Justice Sonia Sotomayor is the only other current justice with experience as a judge in the trial or district courts. The post Ketanji Brown Jackson to Join SCOTUS as First Black Female Justice appeared first on Constitutional Law Reporter.

Law School 52

Law School Court Criminal Law Constitutional Law 52

JonathanTurley

APRIL 19, 2021

A vote is expected on Thursday in the House for granting the District of Columbia full statehood. The bill will reach the floor without a discussion of the alternative options to securing full voting rights for the district. I have long maintained that the district’s non-voting status is unacceptable and should change.

Education 86

Education Manufacturing Constitutional Law Lawyer 86

Constitutional Law Reporter

SEPTEMBER 22, 2021

District Court for the District of Columbia granted the plaintiffs summary judgment, holding that the CDC lacked statutory authority to impose the moratorium. The post US Supreme Court Strikes Down Federal Eviction Ban appeared first on Constitutional Law Reporter.

Court 105

Court Statute Constitutional Law Government 105

JonathanTurley

DECEMBER 29, 2023

So here is the list to see if you are residing in an anti-free speech state: Arizona Colorado Connecticut Delaware Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico, New York Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin District of Columbia Here is the brief: Missouri v.

Government 86

Government Attorney Court Constitutional Law 86

JonathanTurley

JUNE 4, 2022

The reference may be to this Scalia quote from the District of Columbia v.Heller decision: There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.

Litigation 48

Litigation Litigating Laws Court 48

JonathanTurley

OCTOBER 5, 2021

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration ) in rejecting the much touted lawsuit to give residents a vote in Congress.

Court 41

Court Court Reporting Education Court Reporter 41

JonathanTurley

MAY 27, 2022

Efforts to ban this model already have failed in the courts on constitutional grounds, though litigation is continuing on that issue. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Clearly many have good-faith disagreements with the constitutional interpretations behind Heller.

Laws 12

Laws Court Litigation Litigating 12

JonathanTurley

JUNE 30, 2021

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. One question is whether Cosby could now sue for not just the prosecution but the incarceration in light of the ruling of the Supreme Court. Pennsylvania is not one of them (which is quite surprising).

Tort 60

Tort Depositions Laws Statute 60

JonathanTurley

SEPTEMBER 13, 2024

” District of Columbia v. The principle “must be settled law.” Settled law “means it is dictated by controlling authority or a robust consensus of cases of persuasive authority.” That is because the protected nature of Josephson’s speech was also clearly established. Wesby, 583 U.S.

Education 68

Education Court Laws Government 68

JonathanTurley

OCTOBER 25, 2021

The federal government also is subject to the Religious Freedom Restoration Act (RFRA), which prohibits the government and other covered entities like the District of Columbia from “substantially burden[ing]” a person’s exercise of religion. Under RFRA, there is no “Come on, man,” defense.

Government 57

Government Court Laws Law School 57

JonathanTurley

JULY 17, 2022

District of Columbia that the Second Amendment was “neither a regulatory straightjacket nor a regulatory blank check.” Hochul and others are relying on a concurrence in Bruen by Justice Brett Kavanaugh, who was joined by Chief Justice John Roberts. Kavanaugh reaffirmed the language in the 2008 decision in Heller v.

Education 55

Education Entertainment Sports Government 55

Constitutional Law Reporter

NOVEMBER 29, 2021

The post SCOTUS Hears Oral Arguments in Five Cases appeared first on Constitutional Law Reporter. ” Ramirez v. Collier: The case involves how the Free Exercise Clause and Religious Land Use and Institutionalized Persons Act (RLUIPA) impacts the rights of death-row inmates.

Government 59

Government Constitutional Law Court Attorney 59

Constitutional Law Reporter

NOVEMBER 18, 2021

District of Columbia v. The post Supreme Court Sides With Police in Two Qualified Immunity Cases appeared first on Constitutional Law Reporter. Wesby, 583 U.S. 2018) (quoting Saucier v. Katz, 533 U. 194, 202 (2001)). Accordingly, the officers were entitled to qualified immunity.

Court 64

Court Laws Constitutional Law Government 64

JonathanTurley

DECEMBER 19, 2021

In 2008, the District of Columbia in 2008 brought us District of Columbia v. The problem is that major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures. In 2010, Chicago brought us McDonald v.

Manufacturing 37

Manufacturing Laws Litigation Litigating 37

JonathanTurley

FEBRUARY 9, 2024

” Justice Eddins is referencing District of Columbia v. The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.” Heller , where the U.S. Most recently, in 2022 in New York State Rifle & Pistol Association v.

Court 72

Court Laws Statute Technology 72

JonathanTurley

MAY 4, 2022

Notably, liberal nominees have used the same language about cases like District of Columbia v. Nothing that they said changed any minds on their judicial philosophy as hostile to the logic of Roe. . Heller , supporting gun rights. Indeed, they have voted to limit or overturn past cases with which they disagree.

Stare Decisis 11

Stare Decisis Drafting Court Laws 11

JonathanTurley

OCTOBER 3, 2021

Ten years ago, the Supreme Court handed down the landmark ruling in District of Columbia v. District of Columbia , the D.C. Another potentially historic case is coming out of New York: New York State Rifle & Pistol Association v. Two years after Heller , in McDonald v. Then, in Wrenn v. Just last week, D.C.

Court 52

Court Court Rules Laws Education 52

JonathanTurley

APRIL 18, 2023

Moreover, the earlier ban was imposed in 1994 — before the Supreme Court ruled in District of Columbia v. Any such ban today would face a far greater court challenge and would require a far more compelling factual foundation to pass constitutional muster. Heller that the right to bear arms is an individual right.

Court Rules 58

Court Rules Litigation Litigating Court 58

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.

Court 57

Court Laws Statute Contract 57

JonathanTurley

FEBRUARY 4, 2023

See District of Columbia v. 2017) (Ezell II) (“[I]f … the challenged law regulates activity falling outside the scope of the right as originally understood, then ‘the regulated activity is categorically unprotected, and the law is not subject to further Second Amendment review.’” Heller, 554 U.S. City of Chicago, 846 F.3d

Felony 43

Felony Court Statute Government 43

JonathanTurley

JANUARY 28, 2021

I have written a long academic publication on the status of the District of Columbia and testified at the prior hearings on allowing for voting representation of District residents.

Education 58

Education Court Legal Legal 58

JonathanTurley

AUGUST 16, 2021

Yet, Kavanaugh supplied the fifth vote in favor of the CDC to allow the law to simply expire and thereby enable an “additional and more orderly distribution of the congressionally appropriated rental assistance.”. In May, Judge Friedrich ruled the previous version of the moratorium was unlawful.

Legal 58

Legal Legal Court Laws 58

JonathanTurley

NOVEMBER 19, 2024

While there are good-faith objections to how the Second Amendment has been interpreted, the current case law makes such bans very difficult to defend. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller , recognizing the Second Amendment as encompassing an individual right to bear arms.

Laws 67

Laws Legal Legal Constitutional Law 67