Constitutional Law Reporter

JULY 2, 2025

We hold that this additional ‘background circumstances’ requirement is not consistent with Title VII’s text or our case law construing the statute,” Justice Ketanji Brown Jackson wrote. The post SCOTUS Sides With Employee in Reverse Discrimination Case appeared first on Constitutional Law Reporter.

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Prima Facie Case Court Constitutional Law Statute 52

JonathanTurley

MARCH 2, 2025

District Judge Amy Berman Jackson ruled that President Donald Trump violated federal law in firing Hampton Dellinger, head of the Office of Special Counsel. The various inspector generals were also terminated and, at the time, some of us raised concerns over compliance with underlying federal statutes. Late Saturday, D.C.

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The Volokh Conspiracy

JULY 17, 2025

This does not put [the Court] in the business of invalidating laws by reason of the evil motives of their authors." Accordingly, "[i]t is a familiar principle of constitutional law that [courts] will not strike down an otherwise constitutional statute on the basis of an alleged illicit legislative motive.

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Government Statute Court Laws 51

JonathanTurley

NOVEMBER 28, 2024

To protect such families in the future, a new law called the P’Nut Law has been introduced. Even though Peanut was a pet, he was still considered a wild animal in New York, both by statute and common law. ” Under Section 11-0512 of New York’s Environmental Conservation Law, 1.

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Tort Government Constitutional Law Statute 61

Above The Law

MARCH 7, 2025

Musk freezing the payouts violated the law. The one where the government follows the law and pays its bills to contractors who already did the work? Yet now hes stunned that a district court would enforce congressional appropriations law against executive impoundment. But which status quo? 78, at 525 (A. at 522; see id.,

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Court Contract Government Constitutional Law 127

JonathanTurley

APRIL 15, 2025

In her opinion, Judge Talwani wrote: If their parole status is allowed to lapse, plaintiffs will be faced with two unfavorable options: continue following the law and leave the country on their own, or await removal proceedings. Parole is not a legal status under immigration laws. All of this presents another novel legal question.

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SCOTUSBlog

MARCH 25, 2025

Last year, the justices took a major step to weaken the power of administrative agencies when they overturned the Chevron doctrine, which significantly curtailed the power of agencies to interpret the laws they implement. Congress, the coalition asserts, has outlined the controlling general policies that are the basis for the law.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Fontes , which involved election law and constitutional questions, and Foote v. Other Areas: 15 points.

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Court Contract Government Education 71

JonathanTurley

APRIL 3, 2025

” His point was that courts are skeptical of using minor provisions in a statute to achieve sweeping new legal changes. Jonathan Turley is a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University.He Let’s start with the language.

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Above The Law

MAY 5, 2025

note : Please welcome Renee Knake Jefferson back to the pages of Above the Law. 2025 NYC Rule of Law Rally 2025 by David Lat is licensed under CC BY-NC-SA 4.0. The rally was held on May 1, established as Law Day by President Dwight Eisenhower May 1, 1958, as a day of national dedication to the principles of government under law.

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JonathanTurley

JUNE 28, 2025

It is the minutiae that distinguish the rule of law from mere judicial impulse. She delivered a haymaker in writing that “JUSTICE JACKSON would do well to heed her own admonition: “[E]veryone, from the President on down, is bound by law.” Justice Barrett clearly had had enough with the self-aggrandizing rhetoric. ” N.B.:this

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Above The Law

MARCH 7, 2025

She challenges assumptions, pressing lawyers to grapple with broader systemic consequences and the lived experiences behind the law. Their exchanges in oral arguments offer more than just legal analysisthey reveal two distinct visions for how the law should function and who it should protect.

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The Volokh Conspiracy

JUNE 4, 2025

Andrew Leyden/ZUMAPRESS/Newscom) Stanford law professor, leading conservative constitutional law scholar, and former federal judge Michael McConnell has an excellent New York Times op ed on the cases challenging Trump's tariffs, and their significance. Is that right?

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Statute Small Business Constitutional Law Legal 56

Constitutional Law Reporter

APRIL 29, 2025

Facts of the Case The federal statute at issue, Title 18 U.S.C. Delligattis indictment charged him with attempted murder under the violent-crimes-in-aid-of-racketeering (VICAR) statute, 1959(a)(5), which required proof that Delligatti had attempted second-degree murder under New York law. 924(c)(3)(A). Castleman , 572 U.S.

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Constitutional Law Reporter

MAY 6, 2025

In support, the Court cited the statute largely precludes judicial review. History is no stranger to such lawless regimes, but this Nations system of laws is designed to prevent, not enable, their rise. The post SCOTUS Rules Non-Citizens Must Challenge Removal Under Alien Enemies Act appeared first on Constitutional Law Reporter.

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SCOTUSBlog

APRIL 21, 2025

But the law does not indicate what those services are. Instead, the law directs the task force to make that determination, and it requires its recommendations to be independent, and to the extent practicable, not subject to political pressure.

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The Volokh Conspiracy

JUNE 9, 2025

, 85 Southern California Law Review 1451, 1485-1487 (2012). But when it comes to the Seventh Amendment, 36 out of 37 State Constitutions in 1868, guaranteed the right to jury trials in all civil or common law cases. The civil jury has a long and distinguished history in Anglo-American law. of the U.S. 73,77 (1789).

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Court Government Litigation Litigating 73

The Volokh Conspiracy

JUNE 27, 2025

And it upholds the law by concluding that the "strict scrutiny" test—which the Court generally uses to evaluate content-based restrictions on speech that falls outside the First Amendment exceptions—doesn't apply to such age verification rules. Humanitarian Law Project (2010). See Holder v.

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Statute Finance Constitutional Law Laws 50

JonathanTurley

JULY 17, 2025

The board members sought in their complaint declaratory relief, and alleging “Violation of the Administrative Procedure Act Not in Accordance with Law/In Excess of Statutory Authority, Violation of Separation of Powers/Ultra Vires Presidential Action, Violation of the Presentment, Appropriations, and Take Care Clauses.”

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SCOTUSBlog

JULY 7, 2025

Brothers in Law is a recurring series by Professors Akhil and Vikram Amar. For more content from Akhil and Vikram, please see Akhil’s free weekly podcast, “ Amarica’s Constitution ,” and Vikram’s regular columns on Justia. Every justice takes an oath to support the Constitution itself as the supreme law of the land.

Laws 119

Laws Government Constitutional Law Statute 119

The Volokh Conspiracy

JUNE 20, 2025

District court: No preliminary injunction on his First Amendment claim, but supplemental state law claims are likely to succeed. Second Circuit : Perhaps, but the state statutes are kind of unclear and new. Qualified immunity is the Veg-O-Matic of modern constitutional law—It slices! It kicks plaintiffs out of court!—but

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Court Depositions Constitutional Law Statute 53

The Volokh Conspiracy

JULY 8, 2025

Subscribe Δ NEXT: Another Boston Judge Enters Ex Parte TRO Hours After Filing, Without Any Time To Actually Read Filings Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.

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Court Constitutional Law Statute Laws 43

JURIST

OCTOBER 31, 2023

The German Constitutional Court on Tuesday ruled a law allowing double jeopardy in criminal cases where new evidence was available was unconstitutional. Originally, the law allowed four reasons for reopening a case: forgery of documents, false statements by a witness, judicial negligence or valid confessions post-trial.

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Statute Court Rules Court Legal 211

JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional. United States v.

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Laws Government Constitutional Law Statute 270

JURIST

APRIL 25, 2021

The US Supreme Court Thursday held that Social Security disability claimants are not bound by the issue-exhaustion requirement in administrative law judge (ALJ) hearings. Often, the requirement is mandated by statute. Writing for a 9-0 court, Justice Sonia Sotomayor concluded that although the Social Security claimants in Carr v.

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Administrative Law Court Laws Statute 104

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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Court Administrative Law Constitutional Law Statute 190

Constitutional Law Reporter

SEPTEMBER 10, 2021

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

Tort 59

Tort Statute Court Cause of Action 59

Constitutional Law Reporter

SEPTEMBER 23, 2024

2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The complaint challenged Regulation II on the ground that it allows higher interchange fees than the statute permits. 2401(a), the default six-year statute of limitations applicable to suits against the United States.

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Statute Cause of Action Constitutional Law Court 52

Constitutional Law Reporter

JULY 23, 2024

Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. While American law generally treats bribes as inherently corrupt and unlawful, the law’s treatment of gratuities is more nuanced,” Justice Brett Kavanaugh explained.

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Statute Court Rules Court Contract 52

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.

Statute 52

Statute Healthcare Court Constitutional Law 52

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. Other justices who preceded Powell on the court could claim an expertise in securities law.

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Laws Court Statute Lawyers 97

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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Cause of Action Court Administrative Law Statute 145

JURIST

DECEMBER 4, 2022

Danielle Smith, who took office as the new Premier of the western Canadian province of Alberta in October, said Saturday that her government is considering revising the provisions of the proposed provincial Sovereignty Act which would empower the provincial cabinet to unilaterally rewrite laws without legislative approval.

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Government Constitutional Law Statute Lawyers 104

Constitutional Law Reporter

AUGUST 22, 2023

As Justice Alito noted in his opinion, the presumption against extraterritoriality is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.”

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Laws Statute Construction Manufacturing 52

Constitutional Law Reporter

AUGUST 13, 2024

Supreme Court upheld a federal law that prohibits individuals subject to a domestic violence restraining order from possessing a gun. 922(g)(8) , a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. In United States v. Rahimi , 602 U.S. _ (2024), the U.S.

Laws 52

Laws Court Constitutional Law Statute 52

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.

Stare Decisis 52

Stare Decisis Court Statute Construction 52

JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Putting that concern aside, I have serious free speech concerns over the reach of these laws. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad.

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