Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. The first is when a statute expressly states that it is stripping immunity from a sovereign entity. government. government.

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SCOTUSBlog

AUGUST 29, 2023

The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task — interpreting federal statutes — remains markedly underrepresented. Two of the nation’s leading securities scholars, A.C. Pritchard and Thompson’s book is a fascinating read.

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JURIST

MAY 16, 2022

Under § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims indicating “factual innocence” or relying on “constitutional law decisions made retroactive” by the Supreme Court. Cochran is.

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Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation.

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Constitutional Law Reporter

JUNE 10, 2024

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. The Supreme Court went on to find that the CFPB’s funding statute contains the requisite features of a congressional appropriation.

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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. Norfolk Southern Railway Co. ,

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SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

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Constitutional Law Reporter

MAY 10, 2023

The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. While the Bankruptcy Code abrogates the sovereign immunity of “governmental units,” the statute does not refer to Indian tribes in defining that term (or anywhere else). Please check back for updates.

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Constitutional Law Reporter

JUNE 17, 2024

The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. In the District Court, Warner Chappell accepted that the discovery rule governed the timeliness of Nealy’s claims. Lower courts typically rely on one of two tests to determine when a claim accrues. Martinelli.

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Constitutional Law Reporter

MARCH 21, 2022

Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. The secretary remained in the case and defended the challenged law. Facts of the Case.

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Constitutional Law Reporter

MAY 1, 2023

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 Government claims that the easement includes public access, which petitioners dispute. In Wilkins v. United States , 598 U.S. _ (2023), the U.S.

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Constitutional Law Reporter

SEPTEMBER 3, 2024

However, the Court remanded the cases back to the lower courts after concluding that neither court properly analyzed “the facial First Amendment challenges” to the laws. Facts of the Case In 2021, Florida and Texas enacted statutes regulating large social-media companies and other internet platforms.

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Constitutional Law Reporter

DECEMBER 4, 2023

Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. Bruen , which held that “[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.”

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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. Mirow and Howard Wasserman. In a watershed decision in Gideon v.

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SCOTUSBlog

OCTOBER 28, 2022

The federal government – which prosecuted Jones – says the 8th Circuit got the reasoning wrong but the outcome right: It urges the Supreme Court to correct the lower court’s error but deny Jones relief. In 2019, the court ruled in Rehaif v. He was convicted, and following its own binding precedent, the 8th Circuit affirmed.

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Constitutional Law Reporter

FEBRUARY 8, 2024

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. Natural Resources Defense Council , 467 U.S.

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Constitutional Law Reporter

MARCH 5, 2024

sued the Board of Governors of the Federal Reserve System under the Administrative Procedure Act (APA), challenging a Board rule adopted in 2011 that governs certain fees for debit-card transactions. Nealy : The cases is set to resolve a circuit split regarding the statute of limitations in copyright infringement cases.

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JonathanTurley

JUNE 7, 2023

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. MoneyGram applied the common-law escheatment practices outlined in Texas v. In Delaware v. New Jersey , 379 U.S.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Arellano appealed, arguing that his award’s effective date should be governed by an exception in §5110(b)(1), which makes “[t]he effective date of an award of disability compensation. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter. Department of Veterans Affairs , 498 U.S.

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Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. We look to the law of property.” Facts of the Case. Circuit Court of Appeals affirmed.

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Constitutional Law Reporter

JUNE 29, 2021

Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. Largely relying on textual analysis, the majority rejected the Government’s arguments in favor of its narrow interpretation of the CFAA.

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Constitutional Law Reporter

NOVEMBER 1, 2022

McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. 5110(b)(1) for seeking retroactive disability benefits, and, if so, whether the government has rebutted that presumption; and (2) whether, if 38 U.S.C.

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Constitutional Law Reporter

APRIL 10, 2024

The justices unanimously held that speech by a government official about job-related topics on social media is attributable to the state only if the official had actual power to speak on the state’s behalf and purported to exercise that authority when he spoke on social media. . _ (2024), the U.S.

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Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Axon Enterprise, Inc. Norfolk Southern Railway Co.:

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Constitutional Law Reporter

NOVEMBER 11, 2021

The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. The post SCOTUS Hears Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Thompson v.

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JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. It is also hard to instruct a jury on an ambiguous statute.

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Constitutional Law Reporter

SEPTEMBER 22, 2021

First, the Government was unlikely to succeed on the merits, given the four votes to vacate the stay in this Court and Justice Kavanaugh’s concurring opinion. Nonetheless, the court concluded that its hands were tied by the law of the case, in light of the D.C. Circuit’s earlier decision not to vacate the stay.

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SCOTUSBlog

APRIL 8, 2022

Notably, and unlike other constitutional provisions, Moore maintains, the clause does not refer to the state itself, but an organ of government. In this case, the North Carolina General Assembly last November enacted a new map for congressional elections in response to the 2020 U.S. Census data.

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JonathanTurley

JANUARY 29, 2022

We discussed today another free speech controversy at University of Illinois (Urbana Champaign) over the student government seeking to bar former Attorney General Jeff Sessions from campus. COUNT II Violation of University of Illinois Statutes. Kilborn wrote a Civil Procedure exam based on an employment discrimination hypothetical.

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Constitutional Law Reporter

FEBRUARY 15, 2022

For his separate National Guard service, which included part-time drills, training exercises, and one active-duty deployment, Babcock received military pay and military pension payments from a different arm of the Federal Government, the Defense Finance and Accounting Service. Code, which governs the pay and benefits of civil servants.

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SCOTUSBlog

JUNE 27, 2022

The majority’s decision both hobbles Miranda ’s enforceability and unceremoniously strips the Constitution’s Fifth Amendment right against compelled self-incrimination of Miranda ’s prophylactic protection, heretofore regarded as criminal procedure canon in American law. United States , is “set in constitutional stone.”.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” In Durbin v.

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JonathanTurley

AUGUST 25, 2023

In 2017, Denmark took a historic step in favor of free speech by rescinding its blasphemy law after 334 years. Now, however, the liberal government is moving to reinstate the blasphemy crime with a new law barring the burning of the Qur’an, the Bible, and other religous texts. That law will be extended to religious books.

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LexForti

JUNE 10, 2021

Article 12 states that the Central Government, the Parliament, State Government and State Legislatures come within the definition of “state”. Apart from these, certain local authorities and other authorities are also said to be “state”. The court held that if an authority.

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LexForti

MAY 12, 2021

Article 12 states that the Central Government, the Parliament, State Government, and State Legislatures come within the definition of “state”. Apart from these, certain local authorities and other authorities are also said to be “state”. . The court held that if an authority.

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Constitutional Law Reporter

DECEMBER 19, 2022

United States , which involves the scope of a key federal bribery law. United States : The case involves two Montana landowners who filed a quiet title action seeking to resolve a dispute over the scope of an easement held by the United States that runs across their land and the federal government’s duties under the easement.

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