Constitutional Law Reporter

JANUARY 10, 2022

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.

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JonathanTurley

SEPTEMBER 22, 2022

The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. The complaint is stronger on rhetoric than supporting facts or law. Many of these claims are likely to be dismissed or abandoned in the course of that litigation. YouTube screengrab.

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Constitutional Law Reporter

MARCH 17, 2025

Saenz : The case involves whether a Texas death-row inmate can sue the state forDNAtesting in support of his innocence claim. The post Supreme Court Kicks Off February Argument Session appeared first on Constitutional Law Reporter. Below is a brief summary of the issues before the justices: Gutierrez v. Goertz , 598 U.S.

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JonathanTurley

MAY 27, 2022

Below is my column in The Hill on the call for bans and limits on guns like the AR-15 since the massacre in Texas. Within minutes of the killing of 19 children and two teachers at Robb Elementary School in Uvalde, Texas, a familiar cycle has emerged — grief coupled with angry demands for gun reforms. Take the AR-15.

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Constitutional Law Reporter

JUNE 1, 2023

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.

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Constitutional Law Reporter

JULY 12, 2023

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) ).

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Constitutional Law Reporter

MAY 3, 2022

Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. A Texas jury sentenced John Ramirez to death after he brutally murdered Pablo Castro in 2004. In Ramirez v. Collier , 595 U. S. _ (2022), the U.S. Facts of the Case.

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JonathanTurley

DECEMBER 9, 2021

Almost a dozen states (including Idaho, Oklahoma, Tennessee, Texas, Iowa, New Hampshire, South Carolina, Arizona, and North Dakota) have passed legislation to bar CRT and roughly a dozen more are considering such legislation. A coalition of educators and public interest groups has sued states like Oklahoma over such laws. 20-1088.

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JonathanTurley

DECEMBER 19, 2021

At its passage, New York officials pounded their chests and promised they were certain of the constitutionality of the law and would litigate it all the way to the Supreme Court. New York leaders had forced costly litigation only to pull the law at the last minute to avoid a likely finding of unconstitutionality.

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JonathanTurley

DECEMBER 10, 2021

That represents a partial victory for pro-choice litigants, but the Court returned to a single track for its abortion review. That track originates in Mississippi, not Texas. Dobbs will remain the key decision on reproductive rights and is likely to answer many of the questions in the ongoing Texas litigation.

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JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. It will be hugely successful politically, but not without costs to the state and potential litigants. Legally, that is.

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JonathanTurley

DECEMBER 13, 2021

Below is my column in the Hill on the call by the Biden White House and many in the media to pass the Women’s Health Protection Act (WHPA) in light of the recent decision of the Supreme Court not to enjoin the new abortion law in Texas. 24 — was actually proposed in 2013, long before either the Mississippi or Texas laws were enacted.

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JonathanTurley

SEPTEMBER 6, 2021

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The Texas law is not even the greatest threat to Roe. The Texas law was enacted in May — but challengers waited until shortly before it was to take effect on Sept. Magnum Chaos.

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JonathanTurley

SEPTEMBER 8, 2021

Attorney General Merrick Garland was widely covered in pledging that the Justice Department would defend women in Texas seeking abortions. Garland appears to be answering a different question than the one raised by the new law. However, Garland was pledging to enforce a law that has long been robustly enforced.

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JonathanTurley

JULY 18, 2022

Below is my column in the Hill on how the next round of post-Roe litigation is coming into sharper focus. In the law, the adjustment can take years, as collateral doctrines and applications shake out along new fault lines. Texas is suing the Biden administration over new guidance issued after the Dobbs decision.

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JonathanTurley

JUNE 3, 2022

Below is my column in The Hill on the calls for gun bans after the massacre in Uvalde, Texas. The rhetoric is again outstripping the reality of constitutional and practical limits for gun control. They have pushed ill-considered legislation and litigation that only served to create precedent against gun control.

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JonathanTurley

DECEMBER 17, 2024

Efforts to ban this model have already failed in the courts on constitutional grounds, though litigation is continuing on that issue. Whenformer Texas congressman and U.S. The president once again denounced the availability of what he collectively calls assault weapons, a common reference to such popular models as the AR-15.

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JonathanTurley

NOVEMBER 1, 2021

Texas on the request for an emergency injunction in Texas to block the state’s controversial abortion law. The merits of the law are not at issue in the questions presented today but the decision to push for an injunction comes with some risks for the Biden Administration. Jackson and United States v.

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JonathanTurley

AUGUST 14, 2021

In the prior litigation, the city waited for a year to reveal the truth that it used tear gas near the park. One of the plaintiffs, freelance photojournalist Oyoma Asinor was arrested and claims that the MPD failed to return his cell phone, camera and goggles for nearly a year.

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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 Biden administration and other litigants then forced a reconsideration of that decision.

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JonathanTurley

MAY 29, 2022

” In boarding Air Force 2 after attending one of the funerals in Texas, Harris told the press “You know what an assault weapon is? When former Texas congressman and U.S. Efforts to ban this model already have failed in the courts on constitutional grounds, though litigation is continuing on that issue.

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JonathanTurley

FEBRUARY 26, 2023

The Texas Supreme Court has handed down a major ruling in defense of free speech this week. The underlying cases stem from an intense political fight over an ordinance passed by the city council in Waskom, Texas. A week later, after Dickson failed to yield, the Afiya Center sued Dickson and Right to Life East Texas in Dallas County.

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Above The Law

MARCH 7, 2025

” She also pressed counsel to distinguish between different types of harms and resources diverted by organizations in a way that might affect their standing in litigation. Paxton The case examines whether Texas’s H.B. Votes : Both for lack of standing 2024/2025 Term Free Speech v. Find him on Twitter: @AdamSFeldman.

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JonathanTurley

DECEMBER 12, 2020

From the outset of the Texas lawsuit, I stated that it was virtually guaranteed to fail on standing. Pascrell’s move against his colleagues mirrors language in the response of Pennsylvania’s Attorney General Josh Shapiro calling the Texas lawsuit “seditious.” It did fail last night.

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JonathanTurley

APRIL 22, 2023

On Friday night, the Supreme Court ordered the abortion pill mifepristone to continue to be made available to women by mail as challenges continue to be litigated in lower courts. District Judge Matthew Kacsmaryk in Texas invalidated the Food and Drug Administration’s approval of mifepristone despite its availability for many years.

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JonathanTurley

JANUARY 3, 2024

It would then depend on the Maine litigation to bring the matter back to the Court. Here is the column: It is “a sad day for America and the Constitution when a court decides the outcome of an election.” At the time, another rising star in Republican legal circles was getting her start as a young law firm associate.

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JonathanTurley

NOVEMBER 13, 2021

Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. EL Paso County , which examined Fourth Amendment protections in the context of abusive strip searches, and Texas v.

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JonathanTurley

SEPTEMBER 17, 2022

In litigation the rule is the same as in hunting: “aim small, miss small.” The first such move in this litigation by the Justice Department. That is a change from the prior litigation. While legal experts pushed the department to challenge the entire order, the Department is seeking a smaller target.

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JonathanTurley

JUNE 23, 2021

University of Texas professor and CNN contributor Steve Vladeck continued to claim that Barr ordered federal officers “to forcibly clear protestors in Lafayette Park to achieve a photo op for Trump.”. Ironically, it is the District’s MPD that will be continuing as a litigant, not Barr or the federal agencies.

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JonathanTurley

SEPTEMBER 10, 2021

Ironically, this move comes on the same day that Attorney General Merrick Garland denounced the “clever” use of the Texas abortion law to make it more difficult to challenge. It is again politics driving litigation by the Justice Department. The question is whether this clever work around will in fact work.

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JonathanTurley

JUNE 11, 2021

She cited University of Texas law professor and CNN legal analyst Steve Vladeck and an array of other experts cited in a New York Times article. The Biden administration is not reluctant to change positions in litigation when it disagrees with the prior administration.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148.

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JonathanTurley

AUGUST 15, 2021

Judge Matthew Kacsmaryk of the United States District Court for the Northern District of Texas delivered a blow to the Biden Administration on Friday by ordering the reinstatement of the Trump-era Migrant Protection Protocols (MPP) program, also known as the “Remain-in-Mexico” policy. 337; Texas, 809 F.3d

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JonathanTurley

SEPTEMBER 13, 2021

The move came on the same day Attorney General Merrick Garland announced an equally sweeping claim of federal jurisdiction over abortion rights in challenging the Texas law. Instead, it will sue directly as a party in interest because the law is viewed as countermanding a constitutional right.

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JonathanTurley

JUNE 9, 2022

Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.

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