Remove Constitutional Law Remove Legal Remove Litigating Remove Texas
article thumbnail

Cherry-picked history and ideology-driven outcomes: Bruen’s originalist distortions

SCOTUSBlog

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. Bruen does mark a new low for the court.

article thumbnail

SCOTUS Kicks Off February Sitting With Oral Arguments in Three Cases

Constitutional Law Reporter

Texas : The case involves gaming activities on Native American land in Texas. Texas , 36 F.3d 1994) (“Ysleta I”) granted Texas regulatory jurisdiction over non-prohibited gaming activities on the Tribes’ lands. Ysleta del Sur Pueblo v. 3d 1325 (5th Cir. Cabazon Band of Mission Indians , 480 U.S.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Court to hear battle over animal welfare, the dormant commerce clause — and the price of bacon

SCOTUSBlog

The challengers, two groups that represent farmers and pork producers, contend that the law “will transform the pork industry nationwide,” while California and its supporters insist that the impact will be more limited.

Court 112
article thumbnail

Supreme Court Upholds Homeless Ordinance Imposing Criminal Penalties

Constitutional Law Reporter

Texas , 392 U.S. Finally, Justice Gorsuch discussed the problems resulting from the so-called “ Martin experiment,” including legal uncertainty and litigation. The post Supreme Court Upholds Homeless Ordinance Imposing Criminal Penalties appeared first on Constitutional Law Reporter. It also cited Powell v.

Court 52
article thumbnail

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

JonathanTurley

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. First, let’s look at the law. Newsom previously asked the U.S.

Laws 52
article thumbnail

Three Martha Vineyard Migrants File Lawsuit Against DeSantis

JonathanTurley

The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. The splattering of a claims face considerable legal barriers based on the consent of the migrants, as shown in a waiver released by Florida. Here is the complaint: Alianza-Americas v. DeSantis.

Tort 58
article thumbnail

Supreme Court Allows Pre-enforcement Challenge Against Texas Abortion Law to Proceed

Constitutional Law Reporter

Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. The justices also ruled that the law (S.B. 8 violates the Constitution.

Laws 69