Remove Constitutional Law Remove Litigating Remove Statute 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. June, 2022).

article thumbnail

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

JonathanTurley

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. state once they are released by the federal government.

Laws 48
Insiders

Sign Up for our Newsletter

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

article thumbnail

Should the Seventh Amendment Civil Jury Trial Right Apply to the States?

The Volokh Conspiracy

Agudo, Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights are Deeply Rooted in American History and Tradition? 87 Texas L. 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.

Court 97
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
article thumbnail

Supreme Court Kicks Off February Argument Session

Constitutional Law Reporter

Saenz : The case involves whether a Texas death-row inmate can sue the state forDNAtesting in support of his innocence claim. United States: The supervised-release statute, 18 U.S.C. The post Supreme Court Kicks Off February Argument Session appeared first on Constitutional Law Reporter. Goertz , 598 U.S.

Court 52
article thumbnail

SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

Statute 52
article thumbnail

Supreme Court Rules States Can’t Challenge Federal Immigration Policy

Constitutional Law Reporter

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote. In United States v. 1231(a)(2) ).