JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Constitutional Law Reporter

APRIL 4, 2023

“Best read, the BSA treats the failure to file a legally compliant report as one violation carrying a maximum penalty of $10,000, not a cascade of such penalties calculated on a per-account basis,” Justice Neil Gorsuch wrote on behalf of the majority. Instead, the relevant legal duty is the duty to file reports.”

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court’s Decision The Supreme Court reversed by a vote of 7-2, holding that because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. Justice Amy Coney Barrett wrote on behalf of the majority.

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Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Younger : The cases centers onthe preservation of legal claims for appeal.

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SCOTUSBlog

JUNE 27, 2022

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. June, 2022).

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Constitutional Law Reporter

JANUARY 26, 2023

In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. 223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text.

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Conflict of Laws

JUNE 10, 2024

By opening new horizons beyond French private international law, the doctrinal part of the volume sheds light on the role played by conflict of laws in a legal anthropology. The flexibility of the international public policy exception is problematic when the marriage has been contracted at a particularly early age.

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Constitutional Law Reporter

FEBRUARY 14, 2025

Sections 401 and 403 of the statute apply to offenses committed after the FSA’s enactment on December 21, 2018, and to “any offense that was committed before the date of enactmentif a sentence for the offense has not been imposed as of such date of enactment.” Halliburton Energy Services, Inc.: Thompson v.

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SCOTUSBlog

JUNE 27, 2022

Reminding the majority of why Miranda is an iconic, venerated case that represents one of the highest watermarks of American constitutional law, Kagan noted that Miranda “responded to problems stemming from the interrogation of suspects ‘incommunicado’ and ‘in a police-dominated atmosphere.”

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Constitutional Law Reporter

MARCH 5, 2024

2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

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JonathanTurley

NOVEMBER 14, 2021

However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

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Constitutional Law Reporter

JANUARY 6, 2025

Below is a brief summary of the legal questions before the Court: Feliciano v. To eliminate the financial burden that reservists face when called to active duty at pay rates below their federal civilian salaries, Congress enacted the differential pay statute, 5 U.S.C. Supreme Court heard its final oral arguments of 2024.

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Constitutional Law Reporter

MARCH 4, 2025

The issue before the Court is whether the Hobbs Act required the district court in this case to accept the FCCs legal interpretation of the Telephone Consumer Protection Act. The statute elsewhere defines party in interest broadly to include a variety of parties that may contract with or provide services to a plan. Reynolds Vapor Co.:

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Constitutional Law Reporter

MARCH 14, 2023

The Bankruptcy Court found that David had committed fraud and imputed his fraudulent intent to Kate because the two had formed a legal partnership to renovate and sell the property. “By doing so, Congress cut from the statute the strongest textual hook counseling against the outcome in Strang,” she wrote.

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JonathanTurley

APRIL 1, 2023

The challengers noted that the same outfit prohibited for drag performers under the law would be entirely legal for cheerleaders or other women in public events. The vagueness problems could be reduced by limiting the scope to adult entertainment settings.

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Constitutional Law Reporter

FEBRUARY 22, 2021

Legal Background. Second, the features of a reopening decision make it one “ by which rights or obligations have been determined, or from which legal consequences will flow.” Railroad Retirement Board Decision Subject to Judicial Review appeared first on Constitutional Law Reporter. The system is administered by the U.

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LexForti

OCTOBER 4, 2021

Court referred the case of In Re: Expeditious Trial of Cases under Section 138 of the NI Act, 1881 and emphasized that the Judiciary cannot transgress into the domain of the Policy making by re-writing the Statute. The post Courts cannot re-modify Laws | Scope limited to Judicial Review only! Final Finding.

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Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.” The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

Moreover, the Court has rejected the proposition that “a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” Congress may enact legal prohibitions and obligations. Robins, 578 U.S.

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JonathanTurley

DECEMBER 14, 2021

The Seventh Circuit previously ruled on the student ID question, though in a different legal framework. The content of nearly all of the other voter IDs is regulated by another state or federal statute, making them more recognizable and uniform, and potentially making them harder to fake. But that isn’t the standard.”. Evers , 963 F.3d

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LexForti

DECEMBER 16, 2021

The majority gave a very interesting justification for its decision by opining that a legislation that does not infringe the express provisions of the Constitution cannot be considered as being repugnant to the basic constitutional structure. The Hydra heads of Unwritten Constitutional Principles – Examining the Indian Jurisprudence.

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JonathanTurley

JUNE 9, 2023

.” 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. Newsom previously asked the U.S. To great acclaim, Rachael Rollins, then the U.S.

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Conflict of Laws

MAY 9, 2023

Written by Zuzanna Nowicka , lawyer at the Helsinki Foundation for Human Rights and lecturer at Department of Logic and Legal Argumentation at University of Warsaw In the aftermath of the judgment of the ICJ of 2012 in the case of the Jurisdictional Immunities of the State (Germany v.

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JonathanTurley

DECEMBER 15, 2021

The referral shows how such ambiguous statutes undermine free speech. Sheriff Murphy seemed to acknowledge that he is pushing the legal envelope on this referral but said that he has lost his patience: “We have done our share of these, trying to get some clear understanding of the line for criminal charges vs free speech.

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JonathanTurley

JULY 3, 2022

Jackson Women’s Health Organization , I noted that it would be even harder to use this law because the statute refers to “interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge … in the discharge of his duty.”

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LexForti

JUNE 10, 2021

Bhagatram , the question before the court was ‘whether ONGC (Oil and Natural Gas Corporation), LIC (Life Insurance Corporation of India) and IFC (International Finance Corporation) created by statutes would come under the purview of ‘state’ under Article 12.’

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JonathanTurley

OCTOBER 18, 2021

Those politicians publicly thumped their chests about going to the Supreme Court with the law and limiting the Second Amendment precedent; professing absolute confidence, they litigated the law, and, again, the 2nd Circuit supported the dubious statute.

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LexForti

MAY 12, 2021

Bhagatram , the question before the court was ‘whether ONGC (Oil and Natural Gas Corporation), LIC (Life Insurance Corporation of India) and IFC (International Finance Corporation) created by statutes would come under the purview of ‘state’ under Article 12.’.

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SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Under Section 2255(h), a prisoner can bring a second or successive petition based only on facts that clearly demonstrate actual innocence or a new rule of constitutional law that the Supreme Court has made retroactive.

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SCOTUSBlog

JUNE 23, 2023

Share On Thursday, the Supreme Court held that a federal prisoner cannot raise a claim of legal innocence if he has already challenged his conviction – even if that claim was unavailable at the time he filed his challenge. They could also include challenges to the conditions of detention, rather than the legality of the sentence.

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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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SCOTUSBlog

JULY 21, 2021

Like the last meeting , various legal experts testified and answered questions from commissioners in a series of panels spread throughout the day. He said the political climate is ripe for various judicial reforms – including term limits, which his organization believes can be implemented by statute without running afoul of the Constitution.

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SCOTUSBlog

MARCH 21, 2022

When Theodore agreed that they would be allowed to join the case, Alito asked why it would make sense to allow the legislators to intervene then, “after the attorney general has made what the legislature regards as an inadequate defense of the statute or an inadequate record. Doesn’t that just make things more complicated?”.

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SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. Mirow and Howard Wasserman. The numbers on either side of the chair are also significant.

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Constitutional Law Reporter

NOVEMBER 28, 2022

. § 2255 , federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by the Court. Please check back for updates.

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JonathanTurley

JANUARY 14, 2024

It also noted that the sweeping meaning of this provision: [The] legal principle cannot be used to abridge the right to bear arms by regulating it into practical non-existence. Under this criminal statute, with the proliferation of the federal government comes the diminution of the People’s right to bear arms. 18 U.S.C. § 18 U.S.C. §

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