Constitutional Law Reporter

JANUARY 30, 2023

Supreme Court has failed to discover who leaked a draft of the Court’s opinion in Dobbs v. According to the report, all of the Court employees interviewed affirmed under penalty of perjury that they did not disclose the Dobbs draft opinion to any person not employed by the Supreme Court.

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Constitutional Law Reporter

MARCH 20, 2025

The Government represents that this would invite the very risk it sought to avoid in helping draft 1605(a)(3): that foreign states, in response, will subject the United States abroad to retaliatory or reciprocal actions in their courts. Simon appeared first on Constitutional Law Reporter.

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SCOTUSBlog

JUNE 27, 2022

Georgia’s 1868 arms-bearing provision declared that: “The right of the people to bear arms in defense of themselves and the lawful authority of the State, shall not be infringed, but the Legislature may prescribe the manner in which they may be borne.” Justice Samuel Alito recognized this fact in McDonald v. June, 2022).

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Constitutional Law Reporter

MARCH 10, 2022

In 1987, following years of negotiation and drafting, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribe of Texas secured restoration of their trust relationships with the federal government through the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act (Restoration Act). Ysleta del Sur Pueblo v.

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Constitutional Law Reporter

SEPTEMBER 29, 2021

Hologic drafted one of its claims to encompass applicator heads generally, without regard to whether they are moisture permeable. The post Supreme Court Upholds Doctrine of Patent Assignor Estoppel appeared first on Constitutional Law Reporter. The USPTO issued a patent, and the FDA approved the device for commercial sale.

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Court Drafting Constitutional Law Laws 52

JonathanTurley

MARCH 15, 2021

There is no debate that Eldridge was wrong to record the proceedings and that the court was within the law in holding him in contempt. ” Even if true, that does not relieve the responsibility of the court to be satisfied that the opinion is not contrary to constitutional law.

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Conflict of Laws

MAY 9, 2023

In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes. It is supposed to take place on May 23, 2023.

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LexForti

OCTOBER 4, 2021

State of Tamil Nadu, where it was held that, if the language of the statute is clear and precise, then there is no need to read the words of such law into the statute. Court was of the view that the High Court’s act of re-drafting Rule 29(4) was unwarranted, particularly at the interlocutory stage. Final Finding.

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JonathanTurley

MARCH 6, 2023

15, 25 (1971), that a defendant who walked through a courthouse wearing a jacket bearing the words “F**k the Draft” was engaged in protected speech. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S. In City of Houston v. Hill , 482 U.S.

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LexForti

JUNE 2, 2021

Their reliance on Article 21 of the Indian Constitution must be noted wherein it was stated that the language containing “procedure established by law” need not pass the constitutional test of reasonability, because of which the same should not be seen in conformity with Articles 14 and 19 of the Indian Constitution.

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Conflict of Laws

MARCH 30, 2023

And as a matter of fact, the Constitutional Court decision itself is already almost two months old; it was rendered on February 1. This and the fact that the decision cites almost no sources published after 2019 except for new editions of commentaries, suggests that it may have existed as a draft for much longer.

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NewYorkCourtWatcher

JUNE 24, 2022

Wade and eliminating any right to choose an abortion, repeats what we've seen previously when the draft was leaked:As we have explained, procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s. Jackson Women's Health Organization, overturning Roe v.

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JonathanTurley

MAY 5, 2022

Below is my column in USA Today on the leaking of the draft opinion in Dobbs v. While denouncing what they see as the Court abandoning its principles, they are celebrating someone who violated every ethical and professional principle in leaking this draft opinion. The draft opinion, if left unchanged, would sweep away Roe v.

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Constitutional Law Reporter

AUGUST 2, 2023

What the Secretary has actually done is draft a new section of the Education Act from scratch by ‘waiving’ provisions root and branch and then filling the empty space with radically new text.” The post Student Loan Forgiveness Program Fails to Survive Supreme Court Scrutiny appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MAY 21, 2024

But even supposing the City’s worst predictions come true, that would be the result of the statute Congress drafted,” Justice Kagan noted. The post Supreme Court Lowers the Bar for Title VII Suits Alleging Discriminatory Transfers appeared first on Constitutional Law Reporter.

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JonathanTurley

MARCH 7, 2021

There is no dispute that the Electronic Draft and the Letter were both literary works, which were recorded in writing in or before August 2018. Given that the Letter is entirely derivative of the Electronic Draft, there is an issue as to whether the requirement of originality is met.

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JonathanTurley

MAY 14, 2022

After denouncing the recent leak of the draft opinion that would overturn Roe v. Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent.

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JonathanTurley

MAY 3, 2023

Indeed, President Biden has made dubious constitutional and historical claims about the Second Amendment and AR-15s. Illinois and New York have previously supplied gun rights advocates with huge victories by drafting facially unconstitutional laws. This is a standard response to such an emergency filing.

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JonathanTurley

DECEMBER 20, 2021

Article 11 (drafted in part by the Marquis de Lafayette) stated: The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.

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Laws Government Drafting Constitutional Law 58

JonathanTurley

OCTOBER 11, 2022

Dobbs was based on the view that the Constitution does not contain a right to abortion, not that such a right is barred under the religious clauses. The law is not a model of legislative drafting. I do not share the view that the law, despite its poor drafting, makes “IVF … legally dangerous if not impossible.”

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Laws Drafting Litigating Litigation 40

JonathanTurley

NOVEMBER 30, 2021

I recently wrote a column on how abortions were treated as crimes at the time of the drafting of the Constitution. The assertions made by Professor Tang have been refuted by scholars like John Finnis, professor emeritus of Law and Legal Philosophy at Oxford University, and Robert P.

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Legal Legal Laws Drafting 11

JonathanTurley

JULY 24, 2022

Of course, it is easy to introduce legislation but it is important to flag such excessive laws before they are replicated in other states. Indeed, the provision was reportedly based on model legislation drafted by the National Right to Life Committee (NRLC). ” The analogy to organized crime will not sustain such a law.

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JonathanTurley

SEPTEMBER 29, 2022

However, one line in the email is particularly concerning: “Academic freedom is not a defense to violation of law, and faculty or others in charge of classroom topics and discussion must themselves remain neutral on the topic and cannot conduct or engage in discussions in violation of these prohibitions without risking prosecution.”

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SCOTUSBlog

JULY 28, 2022

Dobbs is also the only example of a case where a complete draft of the majority opinion was leaked prior to the publication of the final draft. Politico’s release of an early draft of the opinion in Dobbs sent a whirlwind across the nation. The long lapse between Feb. Dobbs opinion vs. Dobbs leak.

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Constitutional Law Reporter

MAY 10, 2022

What makes the current disclosure so monumental is that the entire draft opinion was leaked. Leak of Draft Decision in Dobbs v. On May 2, 2022, Politico published a draft opinion by Justice Alito that would overrule the Supreme Court’s controversial decision in Roe v. Wade and erase 50 years of abortion law precedent.

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The Crime Report

AUGUST 11, 2022

“Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D. King in a paper published in the University of Pennsylvania Journal of Constitutional Law.

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Misdemeanor Drafting Constitutional Law Court 124

JonathanTurley

MARCH 31, 2021

.” Then in September Superintendent Scott Ziegler drew criticism for a proposal that would bar teachers from speaking out against the district’s new framework, according to a draft of that policy.

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HowAppealing

FEBRUARY 29, 2024

Dennie has an essay titled “ Clarence Thomas’s Own-the-Libs Stunt Will Make People’s Lives Worse; How is a Black person supposed to trust a Supreme Court that hires open bigots to write the first draft of constitutional law?

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Drafting Constitutional Law Laws Court 100

JonathanTurley

MAY 28, 2021

Putting aside the clearly poor drafting of such a standard, it would apply to any group receiving as little as $250. So, as one of the listed groups at the law school, if the Rutgers Law School Softball Club asked for money for pizza after a game, it would have to hold an event on Critical Race Theory or other mandates topics.

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JonathanTurley

JULY 26, 2024

and Chicago are examples of Democratic cities that routinely commit lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures. I have previously written how New York, D.C., In 2008, the District of Columbia brought us District of Columbia v.

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JonathanTurley

JUNE 12, 2024

What possessed James Madison to draft the First Amendment in absolutist terms was likely a mix of the experiential and the philosophical. As historian Leonard Levy observed, “liberty of expression barely existed in principle and practice in the American colonies,” let alone other nations around the world.

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JonathanTurley

DECEMBER 31, 2022

There simply is no limiting principle to cabin that definition of “sex” to the regulatory carve-out for bathrooms under Title IX, as opposed to the regulatory carve-out for sports or, for that matter, to the statutory and regulatory carve-outs for living facilities, showers, and locker rooms.

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Sports Court Court Rules Drafting 59

JonathanTurley

SEPTEMBER 9, 2023

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

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JonathanTurley

MARCH 19, 2024

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

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Education Entertainment Sports Court 64

JonathanTurley

NOVEMBER 23, 2022

The state might have been able to reinforce an important right of private business owners to exclude guns with a reasonable drafting of the law. Nigrelli : where the court ruled that the private property exclusion violates the Second Amendment.

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JonathanTurley

OCTOBER 1, 2022

Berkeley Law’s Dean Erwin Chemerinsky, a self-proclaimed Zionist, has observed that he himself would be banned from speaking to the groups under this resolution. The bylaw, drafted by UC Berkeley’s Law Students for Justice in Palestine (LSJP), stated that such speakers endanger “the safety and welfare of Palestinian students on campus.”.

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Law School Drafting Education Laws 59

JonathanTurley

DECEMBER 12, 2021

Once the early courts strike down the California law, some citizens could face sanctions for frivolous lawsuits seeking litigation costs (unless such motions are blocked under the law). Moreover, there will be a great expense of drafting and defending a law designed to support a soundbite.

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