JonathanTurley

MARCH 16, 2025

Madison referred to these prosecutions as the monster that dwells within our legal system, emerging during timesoffear or anger. We ordinarily celebrate with a traditional Virginia dinner (with the required Virginia ham), a three-layer cake, and Madisons favorite dessert of ice cream (I recommend the tripartite Neapolitan).

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JonathanTurley

DECEMBER 1, 2024

46 (1988), the Supreme Court reversed a lower court’s judgment for intentional infliction of emotional distress against Hustler for a parody of Jerry Falwell, the founder of the Moral Majority and Liberty University in Lynchburg, Virginia. Falwell , 485 U.S.

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LexForti

JULY 26, 2021

The scheme must be seen as one in which Constitution envisages in responsible citizens and in that sense the fundamental duties shall be performed and seen as an educative role. The Court found their expulsion in violation of both Articles 19 and 25 of the Constitution. Barnette in 1943. Conclusion. 392-395 M.P. Web sources.

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SCOTUSBlog

NOVEMBER 2, 2022

Section 2255(e) – the statute’s “savings clause” – allowed prisoners to pursue a traditional habeas corpus petition in the judicial district of their imprisonment if the motion to vacate was “inadequate or ineffective to test the legality” of their detention. There is no provision for new rules of statutory interpretation.

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JURIST

MAY 27, 2024

But the Convention came together to declare that equal rights, including rights for women and LGBTQ+ people, should be a fundamental value of American constitutional law. I hope our nation sees just how emboldened our generation is to create lasting legal change,” Herbert said.

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SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. Both are legal titans who defeated a string of worthy contenders to reach the championship. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Both held the title of chief justice. Board of Education.

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JonathanTurley

OCTOBER 5, 2021

Appleseed Center for Law and Justice: “Smith was heartened, however, that the ruling the Supreme Court affirmed mentioned that Congress could legally grant voting rights to D.C., .” The Post then made the same misleading point by adding this statement from Walter Smith, executive director of the D.C.

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SCOTUSBlog

MAY 20, 2025

Charles Barzun is a Professor of Law at the University of Virginia, where he teaches Constitutional Law, Evidence, Jurisprudence, and Torts.He is currently working on a book on the American common law tradition. For there was a lurking radicalism in Souters brand of common law judicial philosophy.

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JonathanTurley

AUGUST 3, 2021

Indeed, if these were truly protected as rights, our government would be obligated to ensure basic access to them through entitlement programs or legal protection.” They are correct that there are legal protections for such rights. Virginia , 75 U.S.

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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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JonathanTurley

MARCH 11, 2022

Then, in 2020, Virginia passed a ratification resolution for the ERA. Yet, in the end, the Office of the Federal Register must confirm the “facial legal sufficiency and an authenticating signature” of the state documents and confirm that they are “in good order.” And then — poof!

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Laws Court Legal Legal 58

JonathanTurley

SEPTEMBER 16, 2023

The bizarre story of Susanna Gibson and her running as a candidate for the House of Delegates has occupied much of the conversations around Virginia, where I live. Virginia State Sen. Indeed, even the service provider itself is protected under the law. Engaging in online porn is a lawful act for Gibson.

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SCOTUSBlog

APRIL 9, 2021

Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Bob Bauer (co-chair), professor of practice, distinguished scholar in residence and co-director of the Legislative and Regulatory Process Clinic at New York University School of Law. Sovern Professor of Law at Columbia University.

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JonathanTurley

MAY 16, 2022

The problem is that the claims are detached from both legal and political realities. The claim is even less credible legally than it is politically. Virginia , was based on different constitutional grounds and would not be negated by this opinion. The leading case on interracial marriage, Loving v.

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JonathanTurley

DECEMBER 29, 2023

However, this was conduct that was both legal and conducted outside of his official duties without reference to his academic or administrative positions. It is reminiscent of the recent controversy involving Virginia Democratic candidate Susanna Gibson who was shown to have engaged in sex acts on the Internet with her husband.

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JonathanTurley

JUNE 8, 2021

School staff shall, at the request of a student or parent/legal guardian, when using a name or pronoun to address the student, use the name and pronoun that correspond to their gender identity.”. Better yet, it could work out a compromise to protect free speech rights. Yet, this is “when using a name or pronounce to address the student.”

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SCOTUSBlog

MARCH 25, 2025

The group is funded in part by Leonard Leo, the Federalist Society co-chair who has raised hundreds of millions of dollars for conservative legal campaigns and helped pick or confirm each of the courts six conservative justices.

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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

JANUARY 3, 2022

Notably, the court has accepted a variety of other cases that could curtail agency authority, including West Virginia v. The appeal raises the legality of the emergency temporary standard issued by the Occupational Safety and Health Administration requiring a vaccine-or-test mandate for private employers with more than 100 employees.

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JonathanTurley

MAY 24, 2021

The legal question is whether historical disparities are enough to justify a system of race and gender preferences when all restaurants were impacted by the pandemic. In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause. Other such cases are continuing.

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JonathanTurley

NOVEMBER 21, 2020

While the legal team did raise some credible electoral concerns, I was also critical of Rudy Giuliani’s global communist conspiracy claim at the press conference this week. In my testimony, I went into historical and legal detail to explain why this theory was never credible.

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JonathanTurley

APRIL 23, 2022

Totenberg ruled that Greene’s critics could bring a challenge under the Constitution’s 14th Amendment, known as the “Disqualification Clause.” Sheffey to hold a Virginia state court office, given his support for the Confederacy. The case in question challenged the right of Hugh W.

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Above The Law

MARCH 7, 2025

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. She also considers strategic behavior in shaping legal outcomes.

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JonathanTurley

JANUARY 3, 2024

(Appeals of ballot decisions are pending in Arizona; ballot challenges are in process in Alaska, Maine , New York, New Jersey, Nevada, New Mexico, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia and Wyoming. He teaches a course on the Supreme Court and the Constitution. The ruling in Bush v.

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Above The Law

MAY 5, 2025

note : Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup, here. Welcome to what captivates, haunts, inspires, and surprises me every week in the world of legal ethics. 2025 NYC Rule of Law Rally 2025 by David Lat is licensed under CC BY-NC-SA 4.0.

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JonathanTurley

AUGUST 4, 2023

The hatred for Trump is so all-encompassing that legal experts on the political left have ignored the chilling implications of this indictment. This indictment is reminiscent of the case against former Virginia Gov. But how do you prove legally that Trump truly didn’t believe his false claims? Bob McDonnell.

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JonathanTurley

OCTOBER 13, 2023

Legal academics are divided on the new popular theory that former President Donald Trump can be removed from ballots under Section 3 of the Fourteenth Amendment. While I respect many of the academics who view this as a credible interpretation, I have long opposed it as textually and historically flawed.

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JonathanTurley

MAY 22, 2023

Moreover, as University of Virginia law professor Saikrishna Prakash recently pointed out, there is more than enough federal revenue coming in each month for Biden to avoid default by paying the interest on the debt under existing federal law. Biden then cited Tribe in calling for CDC to reimpose the moratorium  .

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JonathanTurley

JUNE 27, 2022

As this matter returns to the states, it is striking to consider what has changed legally and socially in the past 50 years. While Dobbs is a major reversal of a long-standing precedent, much has changed legally since 1973. In Virginia, Gov. How much has changed.

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JonathanTurley

JUNE 18, 2022

has joined the call for Supreme Court Justice Clarence Thomas to resign due to the communications of his wife, Virginia “Ginni” Thomas, with lawyer John Eastman supporting the certification challenge. The Thomas’ have not received support from most law professors or legal experts in the media. Bill Pascrell (D-N.J.)

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JonathanTurley

JUNE 30, 2024

to reject hundreds of charges in January 6th cases for the obstruction of legal proceedings. The claim is legally absurd but politically advantageous. It now seems like the insurrection increasingly looks more like a legal case of mass trespass and unlawful entry. Members of Congress such as Eric Swalwell (D-Calif.)

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JonathanTurley

OCTOBER 20, 2023

While appellate courts have largely ruled in favor of lower courts’ gag orders, there have long been constitutional concerns over these limits on not just the free speech rights of defendants but also their zealous representation by defense counsel. Smith has long adopted extreme legal positions that ignore constitutional values.

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JonathanTurley

SEPTEMBER 2, 2022

The legal basis for this action is superficial and strikingly cynical. The Biden plan would use the law to benefit individuals without such a showing, including many of the 40 million beneficiaries who are relatively wealthy and could pay off the loans. In West Virginia v. Biden just did, however.

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Education Court Rules Legal Legal 59

JonathanTurley

JULY 20, 2023

Today’s legal-political sequel, however, may prove to be a bit more controversial. 6 allegations are far more tenuous legally. Such an indictment could come at a high legal and political cost. However, relying on bad advice or bad law is not a crime. is obvious. 6, 2021, riot at the Capitol. 6 speech for criminal charges.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148. FEATURED CASE. Biden , No. 3:21-cv-00065 (S.D. July 12, 2021). BP p.l.c. ,

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