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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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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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

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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SCOTUSBlog

JUNE 27, 2022

Specifically, the Vega majority held that governmental violation of Miranda – an undisputed “constitutional decision” that adopted a “constitutional rule” that is “constitutionally based” and has “constitutional underpinnings” – is not a violation of the Constitution. The jury found Tekoh not guilty.

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Constitutional Law Reporter

MARCH 21, 2022

In reaching its decision, the Court noted that no statute or rule provides a general standard to apply in deciding whether intervention on appeal should be allowed. A state’s opportunity to defend its laws in federal court should not be lightly cut off,” Justice Alito explained. Justice Samuel Alito wrote on behalf of the Court.

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JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. I have a legal education.” It is also hard to instruct a jury on an ambiguous statute.

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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”. The Supreme Court observed that a body would be ‘state’ if : It is performing essential state function and It is under the pervasive control of the Government. In the case of R.D.Shetty v.

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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”. The Supreme Court observed that a body would be ‘state’ if : It is performing essential state function and It is under the pervasive control of the Government.

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), 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 Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. The post Justices Hear Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Boechler, P.C.

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Constitutional Law Reporter

AUGUST 2, 2023

The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court.

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Constitutional Law Reporter

FEBRUARY 1, 2022

Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges. Two District Courts enjoined enforcement of the rule, and the Government now asked the Supreme Court to stay those injunctions. However, held in Biden v.

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SCOTUSBlog

OCTOBER 30, 2022

Bollinger declared an expectation that affirmative action would no longer be necessary in 25 years — a self-imposed expiration date that would be unheard of in any other area of constitutional law. But the initial Constitution was of course not colorblind: It protected slavery. 9, another remedial statute is at risk.

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Constitutional Law Reporter

MARCH 29, 2022

The court unanimously held that Section 1806(f) of FISA — providing a procedure under which a trial-level court or other authority may consider the legality of electronic surveillance conducted under FISA and order specified forms of relief — does not displace the state secrets privilege. Facts of the Case.

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SCOTUSBlog

JULY 21, 2021

Like the last meeting , various legal experts testified and answered questions from commissioners in a series of panels spread throughout the day. The key topics included the confirmation process, term limits, transparency and disclosure, expanding the size of the court, and the court’s role in a constitutional government.

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JonathanTurley

JANUARY 14, 2024

Indeed, the government acknowledged that relatively limited firearms prohibitions did not appear “until the mid-twentieth century—over 170 years after the founding.” Under this criminal statute, with the proliferation of the federal government comes the diminution of the People’s right to bear arms. 18 U.S.C. §

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Constitutional Law Reporter

JUNE 9, 2022

Years later, the Government initiated removal proceedings against Patel and his wife due to their illegal entry. Patel argued before an Immigration Judge that he had mistakenly checked the “citizen” box on the state application and thus lacked the subjective intent necessary to violate the federal statute.

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JonathanTurley

JANUARY 1, 2022

The Supreme Court is preparing for arguments on January 7th in three cases looking at the legality of the vaccine mandate issued by the Occupational Safety and Health Administration (OSHA). The law is reflective of a dangerous trend in our government with the rise of federal agencies. 7 arguments particularly interesting.

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SCOTUSBlog

DECEMBER 31, 2022

During an illustrious career as a constitutional law scholar and a top Supreme Court advocate, Walter Dellinger argued 24 times before the court, including in some of the biggest cases of the past 30 years. And in 1981, she wrote one of the first law-review articles on domestic violence. Walter Dellinger (May 15, 1941 – Feb.

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JonathanTurley

APRIL 26, 2024

The ongoing prosecution of Trump is legally absurd but has resulted in the leading presidential candidate not only being gagged but prevented from campaigning. It was effectively a “Trust us, we’re the government” assurance. The government insisted there is an exception for such acts from the murder statute.

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Criminal Law Court Court Rules Attorney 62

JonathanTurley

JULY 16, 2024

Indeed, law professors and legal experts are demanding the removal of Cannon for having the temerity to adopt an opposing view of the underlying constitutional claim. The 93-page order methodically goes through the governing cases and statutes for the appointment of prosecutors.

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Attorney Court Lawyer Lawyers 47

JonathanTurley

DECEMBER 14, 2021

The Seventh Circuit previously ruled on the student ID question, though in a different legal framework. The content of nearly all of the other voter IDs is regulated by another state or federal statute, making them more recognizable and uniform, and potentially making them harder to fake. But that isn’t the standard.”. Evers , 963 F.3d

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Laws Court Statute Government 35

JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. state once they are released by the federal government.

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Laws Misdemeanor Attorney Felony 35

JonathanTurley

DECEMBER 19, 2021

The reason is that these legislative measure are propelled by political rather than legal judgment. The gun nuisance law is the latest in a long line of mistakes by New York. Not only is the law likely to be a large miss, it will likely deliver another blow to gun control efforts by adding precedent protecting Second Amendment rights.

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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. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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JonathanTurley

JANUARY 8, 2023

The majority further explained: The Government’s regulation violates these principles. Indeed, the Government would outlaw bump stocks by administrative fiat even though the very same agency routinely interpreted the ban on machineguns as not applying to the type of bump stocks at issue here.

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LexForti

DECEMBER 16, 2021

The majority gave a very interesting justification for its decision by opining that a legislation that does not infringe the express provisions of the Constitution cannot be considered as being repugnant to the basic constitutional structure. The Hydra heads of Unwritten Constitutional Principles – Examining the Indian Jurisprudence.

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Statute Court Government Legal 52

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 court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act.

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JonathanTurley

JUNE 11, 2021

Positions that were once denounced by media and legal experts as raw partisanship have now been adopted by the Biden Administration with little acknowledgement from those same figures. Garland has indeed followed the law, but some are not thrilled by where it has taken him. Jean Carroll, who alleges that Trump raped her.

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Legal Legal Attorney Laws 52

JonathanTurley

JUNE 24, 2024

With the Trump trial, Manhattan has become a type of legal wilderness where prosecutors use the legal system to hunt down political rivals and thrill their own supporters. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” In Gonzalez v.

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Legal Legal Laws Court 45

JonathanTurley

JULY 3, 2023

The law is only a few pages long and was intended to assist military personnel deployed abroad in combat zones. The idea of using that law in order to avoid getting congressional approval for such a massive expenditure was laughable. Perhaps, but the Constitution has once again stopped him from becoming a government unto himself.

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Education Immigration Court Laws 44

JonathanTurley

JULY 12, 2022

This extends to student editors and student government leaders using their positions to retaliate against the exercise of free speech by other students with the support of faculty. lawyers, legal scholars, and law schools have to reckon with how to practice, teach, and understand law without falling into complicity with lawlessness.

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Lawyer Lawyers Laws Law School 35

JonathanTurley

SEPTEMBER 6, 2021

Both were legally and factually wrong. The Texas law was enacted in May — but challengers waited until shortly before it was to take effect on Sept. It is not just citizens but jurists and legal experts too who remain divided. In 1989, a fractured court upheld a restrictive Missouri abortion law in Webster v.

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Laws Court Litigation Litigating 37

SCOTUSBlog

NOVEMBER 30, 2021

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. The Christian Legal Society and Robertson Center for Constitutional Law , Concerned Women for America , and Judicial Watch, Inc. Against stare decisis.

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JonathanTurley

SEPTEMBER 17, 2021

Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government.

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Court Immigration Laws Legal 36

JonathanTurley

MAY 11, 2024

District Judge James Peterson ruled against the lawsuit brought by the Elias Law Group, arguing that the witness requirement violated the Voting Rights Act of 1965 and Civil Rights Act of 1964. The state statute under § 6.87(2) The statute first sets forth in two sentences what the voter must certify on the ballot envelope.

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