Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Health and Hospital Corporation of Marion County, Indiana v. The Supreme Court heard oral arguments in five cases last week.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

Constitutional Law Reporter

MARCH 5, 2024

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review.

Court 52

Court Statute Constitutional Law Contract 52

JonathanTurley

OCTOBER 25, 2021

Previously in the term, Justice Amy Coney Barrett similarly declined to grant a request for emergency relief on behalf of eight students at Indiana University against a vaccine mandate. Trustees of Indiana University : Indiana University allows for medical or religious exemptions.

Government 55

Government Court Laws Law School 55

JonathanTurley

OCTOBER 11, 2022

” Two similar lawsuits are pending in Florida and Indiana on the grounds that it violates the religious freedom for Jewish people. The portrayal of the law as a “theocratic” measure will be hard to maintain in such litigation. Here is the complaint: kentucky-abortion-lawsuit-against-ag.

Laws 37

Laws Drafting Litigation Litigating 37

JonathanTurley

AUGUST 2, 2021

There is a high likelihood of a new round of litigation as pressure builds for new mandates and even lockdowns. As expected, those rules have been upheld, including a recent favorable ruling for Indiana University. For the most part, the motivation behind government and private mandates are hard to litigate.

Government 59

Government Litigation Litigating Legal 59

JonathanTurley

DECEMBER 8, 2021

While the Administration could certainly prevail on appeal, the confidence remains an exercise of hope over experience in such litigation. In the OSHA case , the United States Court of Appeals for the Fifth Circuit ruled based on its own “serious constitutional concerns.”. Trustees of Indiana Univ. , See Klaassen v.

Court 58

Court Litigation Litigating Construction 58

JonathanTurley

MARCH 31, 2021

Indiana , the court rejected the prosecution of a protester declaring an intention to take over the streets, holding that “at worst, (the words) amounted to nothing more than advocacy of illegal action at some indefinite future time.” On the existing evidence, they will likely fail on appeal, even if they survive the trial level litigation.

Punitive Damages 44

Punitive Damages Tort Statute Court 44