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.

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Constitutional Law Reporter

FEBRUARY 27, 2023

She subsequently reported Counterman to law enforcement. Law enforcement arrested Counterman on May 12, 2016, and charged him one count of stalking (credible threat), section 18-3-602(1)(b) ; one count of stalking (serious emotional distress), section 18-3-602(1)(c) ; and one count of harassment, section 18-9-111(1)(e), C.R.S.

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Above The Law

MARCH 23, 2022

The post IN Sen Mike Braun Takes Principled Stand Against Interracial Marriage, Before Remembering Bigotry Is Bad Actually appeared first on Above the Law. Where have we heard that one before?

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JonathanTurley

MARCH 16, 2022

We will be celebrating tonight with a traditional Virginia dinner (with the required Virginia ham), a three-layer cake (for the tripartite system), and Madison’s favorite dessert. was born on March 16, 1751 at the Belle Gove Plantation in the colony of Virginia to James Madison Sr. He would have been 271 years old.

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SCOTUSBlog

NOVEMBER 2, 2022

The government presented no such evidence at Jones’s trial – under the law at the time, it didn’t have to in order to sustain a conviction – and although he had 11 prior felony convictions, Jones testified that he believed his record had been expunged. There is no provision for new rules of statutory interpretation.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. Bartow was charged under Virginia Code § 18.2-416,

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JonathanTurley

JULY 3, 2022

Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. The timing of the letter, however, is particularly interesting and may reflect a recognition of the limits of the federal law.

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JonathanTurley

NOVEMBER 2, 2021

Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” There are few constitutional rights that have been debated so long in this country as gun rights.

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JonathanTurley

OCTOBER 12, 2021

I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood. See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives , 76 George Washington University Law Review 305 -374 (2008). I was delighted when he accepted.

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JonathanTurley

OCTOBER 18, 2021

Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” City of Chicago , the court ruled that this right applied against the states. 2)(f) that require a showing of “proper cause.”

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Above The Law

SEPTEMBER 20, 2024

Radical concept, but maybe the students could figure out the law without having to experience the fact pattern first-hand. The post Law School Con Law Class Shows Porn So You Know It When You See It appeared first on Above the Law.

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JonathanTurley

OCTOBER 5, 2021

Some of us have repeatedly said that the lawsuit would not succeed despite various law professors filing a brief supporting the underlying claims. statehood, however, and does not preclude Congress from passing a law that would grant the District a vote in the national legislature.” It had nothing to do with statehood.

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JonathanTurley

JUNE 12, 2021

fn41] Whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England. The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible.

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JonathanTurley

FEBRUARY 27, 2022

Now, a federal district court in Northern Virginia has handed down a major decision in Coalition for TJ v. Fairfax County School Board , ruling that a new admissions policy at the Thomas Jefferson High School for Science and Technology, in Fairfax, Virginia is unconstitutional.

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SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Marshall found the Constitution paper; and he made it power,” President James Garfield wrote. It’s time for Marshall vs. Warren. Board of Education.

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SCOTUSBlog

APRIL 9, 2021

The announcement fulfilled a campaign promise by the president, who last fall proposed the idea of a commission after he declined to endorse efforts by liberals to expand the Supreme Court – efforts that Justice Stephen Breyer criticized in a speech on Tuesday at Harvard Law School. Cardozo School of Law. Guy-Uriel E.

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Constitutional Law Reporter

JULY 25, 2023

The law defines “public accommodation” broadly to include almost every public-facing business in the State. Either state officials or private citizens may bring actions to enforce the law, and a variety of penalties can follow any violation. 640 (2000), West Virginia Bd. Dale , 530 U.S. Barnette , 319 U.S. 557 (1995).

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JonathanTurley

MAY 5, 2021

The lawsuit of Virginia Tech student Kierstien Hening begins with a simple statement: “Kierstien Hening refused to kneel.” As a state school, Virginia Tech is subject to the limitations imposed on the government under the First Amendment. A Virginia professor had to take a leave of absence after criticizing BLM.

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JonathanTurley

AUGUST 3, 2021

Virginia , 75 U.S. Speech, religious, and associational rights are often curtailed or denied by such restrictions. The Supreme Court has also recognized a right to movement in cases like In Paul v. 168 (1869), where it supported the “right of free ingress into other States, and egress from them.”

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JonathanTurley

OCTOBER 17, 2022

While it is unlikely to pass, new legislation criminalizing the refusal of parents to affirm their children’s LGBT identity would trigger a likely successful constitutional challenge. Democratic Virginia Delegate Elizabeth Guzman proclaimed that it should be crime for parents to hold an opposing view on such changes for their children.

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JonathanTurley

JUNE 8, 2021

YouTube screenshot. We recently discussed the case of Loudoun County teacher Byron “Tanner” Cross who was suspended for speaking against gender policies. In a major victory for the free speech rights of teachers, Twelfth Circuit Judge James E.

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JonathanTurley

MAY 22, 2022

We have already seen successful litigation challenging mandatory pronoun usage, including the recent litigation involving a teacher in Loudoun County , Virginia. The use of such a guide by a state school would raise serious First Amendment issues.

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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The lawsuit challenged the Texas law, which was set to go into effect Sept. I do view this law as containing unconstitutional elements.

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LLRX

JANUARY 9, 2022

Ken Hughes is a researcher with the Presidential Recordings Program of the University of Virginia's Miller Center. Hughes argues that erosion in American democracy depends on the conspiracy theory, destructive and demonstrably false, that the 2020 election was stolen.

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JonathanTurley

APRIL 14, 2022

.'” Captain Jack Sparrow’s clarification in the movie Pirates of the Caribbean could prove useful when actor Johnny Depp takes the stand in his defamation case in Fairfax, Virginia against his former wife, Amber Heard. ” He is now trying his hand with a Virginia jury.

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SCOTUSBlog

JUNE 27, 2022

Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. Bruen can be analyzed at the level of policy or at the level of constitutional method. New York State Rifle & Pistol Association v.

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LexForti

JULY 26, 2021

In another more recent case, a complaint was launched against actor Amitabh Bachchan for singing the national anthem for 1 min 22 sec instead of the 52 seconds as prescribed by our law. But they are not laws. Asian countries including Singapore and Malaysia have their own specific national anthem law.

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JonathanTurley

SEPTEMBER 17, 2022

West Virginia v. Elenis : A web designer challenging Colorado’s public accommodations law after declining to provide services for the marriages of same-sex couples. Bremerton School District (Free exercise and free speech). Makin (Establishment of religion). Environmental Protection Agency (Climate change/Separation of Powers).

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JonathanTurley

DECEMBER 15, 2021

There was a surprising claim by Prince Andrew this week by his defense in the lawsuit from Virginia Roberts Giuffre, who claims that she was forced to have sex with him at the behest of Jeffrey Epstein. The law is needed because Giuffre’s action against Prince Andrew would be otherwise time-barred. Prince Andrew argues that.

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JURIST

MAY 27, 2024

JP Leskovich is a rising 3L at the University of Pittsburgh School of Law and JURIST’s News Managing Editor. This is the third in a series of dispatches he’s filed as an embedded reporter for JURIST at the Model Constitutional Convention sponsored by the Center for Constitutional Design at ASU Law.

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JonathanTurley

AUGUST 9, 2024

That would certainly go against the grain of Smith, who has always pushed both the law and the calendar to the breaking point. As shown in his 8-0 reversal in his conviction of former Virginia Governor Bob McDonnell, Smith has rarely shown moderation as a prosecutor. Smith has always been undone by his appetite.

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JonathanTurley

APRIL 19, 2021

Originally, the district was designed to be a diamond-shaped “federal city” composed of land ceded equally from Maryland and Virginia. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Retrocession refers to returning the district from whence it came: to Maryland.

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JonathanTurley

MARCH 11, 2022

They have sought to negate state election laws and impose their own federal election standards on states. Before and after the ERA was passed by Congress in 1972, a variety of state and federal laws have been passed to enforce prohibitions on discrimination on the basis for gender and enforce equality rules in pay, promotions and programs.

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JonathanTurley

JANUARY 13, 2022

San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). In her consolidated complaint against Whole Foods Market, Inc.,

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JonathanTurley

MAY 24, 2021

In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause. While legislative counsel and some legal experts raised concerns over the constitutionality of the law, a trial court rejected the challenge. Other such cases are continuing.

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JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The court — as expected — allowed the appeal to go forward for some of the litigants in the lower court but again refused to enjoin the law.

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JonathanTurley

JANUARY 28, 2021

See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives , 76 George Washington University Law Review 305-374 (2008). statehood is a complex issue with historical, constitutional, and legal dimensions. The debate over D.C.

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