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SCOTUS Kicks Off February Sitting With Oral Arguments in Three Cases

Constitutional Law Reporter

The issues before the Court involved Native American law and immigration. United States : The case involves the Constitution’s double jeopardy clause and how it applies toa prosecution in the Court of Indian Offenses. Texas : The case involves gaming activities on Native American land in Texas. Texas , 36 F.3d

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Supreme Court to Clarify What Constitutes Identity Theft

Constitutional Law Reporter

David Dubin was the managing partner of PARTS, a psychology practice in Texas. The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. United States is whether identity theft occurs anytime a person uses someone else’s name in the commission of a crime.

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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. First, let’s look at the law. The reason is that these claims are made for cable news, not courts of law.

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Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. United States , 567 U.S.

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Supreme Court Rules States Can’t Challenge Federal Immigration Policy

Constitutional Law Reporter

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. In United States v.

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Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis

JonathanTurley

In that case, a 5-3 majority ruled against a state seeking to enforce immigration laws in light of what it described as a vacuum of federal action. Most are promptly released, and many are not even asked to appear for eight years at an immigration proceeding. No state faces a greater danger than Texas.

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Supreme Court Considers Scope of Federal Bribery Law

Constitutional Law Reporter

Texas : The immigration suit brought by the States of Texas and Louisiana challenges a Biden Administration policy prioritizing the apprehension and deportation of three groups of noncitizens: suspected terrorists, individuals who have committed crimes, and those recently detained at the border. United States v.

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