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Federal Judge Enjoins Tennessee Law Limiting Drag Shows

JonathanTurley

The vagueness problems could be reduced by limiting the scope to adult entertainment settings. Section 2 of the Statute makes it “an offense for a person to perform adult cabaret entertainment,” either “(A) On public property; or (B) in a location where the adult cabaret entertainment could be viewed by a person who is not an adult.”

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Justices Refuse to Require Issue Exhaustion of Social Security Claimant

Constitutional Law Reporter

In her opinion, Justice Sotomayor explained that administrative review schemes commonly require parties to give the agency an opportunity to address an issue before seeking judicial review of that question, noting that such administrative issue-exhaustion requirements are typically creatures of statute or regulation. Citing Sims v.

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SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.

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SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule

Constitutional Law Reporter

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. The post SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule appeared first on Constitutional Law Reporter. In Wilkins v.

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Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

Constitutional Law Reporter

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” Dirty World Entertainment. 47 U.S.C. § A gossip blog, The Dirty, appealed the decision of U.S.

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Supreme Court Rules States Can’t Challenge Federal Immigration Policy

Constitutional Law Reporter

The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.