SCOTUSBlog

NOVEMBER 27, 2023

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

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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 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

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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Constitutional Law Reporter

FEBRUARY 23, 2021

The heirs allege that when the Nazi government rose to power, it unlawfully coerced the consortium into selling the collection to Prussia for a third of its value. 108, 115 (2013), Roberts emphasized that the Court has long recognized that “United States law governs domestically but does not rule the world.”

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Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

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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. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”. “Their answers impact the health of millions.”.

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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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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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SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. 1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights.

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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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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. The court’s securities law docket ballooned during Powell’s tenure – from approximately 1.5

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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

MARCH 20, 2025

Respondents complaint alleged that Hungary and MV liquidated the expropriated property, commingled the proceeds with other government funds, and later used funds from those commingled accounts in connection with commercial activities in the United States. Simon appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 10, 2024

In this case, several trade associations representing payday lenders and credit-access businesses challenged regulations issued by the Bureau pertaining to high-interest consumer loans on both statutory and constitutional grounds. Supreme Court Upholds CFPB Funding Scheme appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 29, 2021

Meanwhile, the Government argued that “so” should be interpreted more broadly, contending the phrase “is not entitled so to obtain” refers to information one was not allowed to obtain in the particular manner or circumstances in which he obtained it.

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SCOTUSBlog

DECEMBER 6, 2022

One concern was that the statute states that the court should not, and might not even have the power to, pull such an asset back into the estate. When Brunstad argued that the statue was clear enough, Gorsuch interjected that “we normally require magic words like ‘no jurisdiction,’” something this statute lacks.

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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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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. United States , is “set in constitutional stone.”.

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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. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter. In Delaware v.

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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

DECEMBER 4, 2023

Bruen , which held that “[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. In the light of N.Y.

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Constitutional Law Reporter

FEBRUARY 14, 2025

In challenging the law, TikTok and its users argue that the PAFACAA violates the First Amendment and constitutes an unlawful bill of attainder under Article I. Circuit Court of Appeals upheld the ban, finding that the governments national security justificationswere valid. Thompson v. Please check back for updates.

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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

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

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. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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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. The cases before the Court, Relentless, Inc.

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Constitutional Law Reporter

NOVEMBER 5, 2024

A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing]. The post SCOTUS Clarifies Standard for Retaliatory Arrest Claims appeared first on Constitutional Law Reporter.

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SCOTUSBlog

JUNE 23, 2022

Moore notes that the Constitution’s elections clause states that the “Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” Last November, the North Carolina legislature enacted a new map for congressional elections in response to the 2020 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

MARCH 10, 2025

The case has the potential to be a blockbuster, as it is expected to clarify the boundaries of the non-delegation doctrine, the principle that Congress cant delegate its power to legislate to other branches of government. The post SCOTUS to Revisit Non-Delegation Doctrine appeared first on Constitutional Law Reporter.

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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

AUGUST 13, 2024

922(g)(8) , a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. The post SCOTUS Clarifies Bruen in Upholding Federal Gun Law appeared first on Constitutional Law Reporter. Facts of the Case Zackey Rahimi was indicted under 18 U.S.C.

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Constitutional Law Reporter

JANUARY 25, 2024

Fikre: The case revolves around the “No Fly List” established by the federal government in the wake of the September 11 attacks. ” Paragraph (1) of section 1229(a) requires a single notice document that contains all the information specified in the statute, including the “time and place” of proceedings. .”

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Constitutional Law Reporter

JANUARY 6, 2025

To eliminate the financial burden that reservists face when called to active duty at pay rates below their federal civilian salaries, Congress enacted the differential pay statute, 5 U.S.C. 5538 , which requires that the government make up the difference. ” In Adams v.

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JonathanTurley

JUNE 7, 2023

” The government conceded that four of the five favored Range, but Pratter found that he was still properly barred under the “cross-jurisdictional consensus” among other states. 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

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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