JURIST

MAY 27, 2022

The Supreme Court of Canada Friday unanimously ruled that a life sentence without any chance of parole is unconstitutional under Section 12 of the nation’s charter. In Canada, anyone serving a life sentence for first-degree murder is automatically ineligible for parole for 25 years.

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Blackstone Career Institute

DECEMBER 26, 2024

With a curriculum that covers general law terms, protocols, and ethics, the topics include an understanding of the process of criminal procedure, how partnerships and corporations are created, the essential elements of constitutional law, a knowledge base of law definitions, job search techniques, and ethics related to the paralegal industry.

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Constitutional Law Reporter

DECEMBER 2, 2024

Facts of the Case The cases spring from more than two years of litigation, in which two separate groups of voters have challenged Louisianas congressional maps. In the first round of redistricting litigation, Robinson, et al v. The post Supreme Court Adds Gerrymandering Case to Docket appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

FEBRUARY 23, 2021

Accordingly, the Court interpreted the FSIA as it does other statutes affecting international relations: to avoid, where possible, “producing friction in our relations with [other] nations and leading some to reciprocate by granting their courts permission to embroil the United States in expensive and difficult litigation.”

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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.

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Constitutional Law Reporter

OCTOBER 27, 2022

While the CWA defines the term “navigable waters” as “waters of the United States, including the territorial seas,” the precise scope of “waters of the United States” (WOTUS) has been subject to frequent litigation. The post US Supreme Court to Revisit Clean Water Act appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 3, 2022

Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In response, Morgan argued that Sundance had waived its right to arbitrate by litigating for so long. But a court may not devise novel rules to favor arbitration over litigation.”. “If

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SCOTUSBlog

DECEMBER 6, 2022

Another concern was that the court might as a matter of constitutional law lack power to consider the case – because federal courts under the Constitution generally hold themselves powerless to consider cases where it is clear they can issue no effective relief. Her explanation prompted Gorsuch to admit: “That’s helpful.”.

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Constitutional Law Reporter

JUNE 5, 2024

A claim-processing rule is a mandatory deadline that regulates the timing of motions or claims before the court; however, unlike jurisdictional deadlines, is subject to waiver and forfeiture by the litigant. b)(2)(B) governs the conduct of the district court, not the litigants. Justice Sotomayor also emphasized that Rule 32.2(b)(2)(B)

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Constitutional Law Reporter

OCTOBER 9, 2023

In 1992, Section 2 litigation challenging the State of Alabama’s then-existing districting map resulted in the State’s first majority-black district and, subsequently, the State’s first black Representative since 1877. Alabama’s congressional map has remained remarkably similar since that litigation.

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Constitutional Law Reporter

OCTOBER 21, 2024

Environmental Protection Agency , which involves enforcement of the Clean Water Act (CWA), a frequent source of Supreme Court litigation. The post Supreme Court Hears Oral Arguments in RICO, Immigration, and Clean Water Act Cases appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MAY 14, 2024

All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The post SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

OCTOBER 18, 2023

In the Texas litigation, a divided panel of the Fifth Circuit Court of Appeals reversed a preliminary injunction. The post Supreme Court to Consider Constitutionality of State Social Media Laws appeared first on Constitutional Law Reporter. 7072 was motivated by viewpoint discrimination. Please check back for updates.

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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. June, 2022).

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Conflict of Laws

JUNE 10, 2024

The decision invites a more general reflection, beyond German constitutional law, on the questions of method and legal policy that the apprehension of these marriages gives rise to in private international law. The issue also contains two case notes related to major transnational litigations on corporate responsibility.

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JonathanTurley

OCTOBER 31, 2021

Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s ’s interests.”

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Constitutional Law Reporter

FEBRUARY 16, 2023

In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action. Justice Amy Coney Barrett wrote on behalf of the Court.

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Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

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JonathanTurley

JULY 12, 2021

Even if the law passes constitutional review, there remains its ambiguous standard. For decades, states and cities have tried to curtail gun sales through nuisance litigation; they have uniformly failed because the effort is transparently an effort to achieve gun control through litigation.

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Constitutional Law Reporter

AUGUST 6, 2024

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. Texas , 392 U.S.

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Constitutional Law Reporter

APRIL 26, 2021

Fourth, the Court noted that even if the government withdraws or modifies a COVID restriction in the course of litigation, that does not necessarily moot the case. The post Divided Court Strikes Down COVID-19 Restrictions on In-Home Religious Gatherings appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MAY 1, 2023

In reaching its decision, the Court noted the important distinction between “the classes of cases a court may entertain (subject-matter jurisdiction)” and “nonjurisdictional claim-processing rules, which seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times.”

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Constitutional Law Reporter

NOVEMBER 2, 2022

The post Andy Warhol Art Headlines Busy Week for Supreme Court appeared first on Constitutional Law Reporter. Decisions in all of the cases are expected before the Court’s term concludes in June 2023.

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Constitutional Law Reporter

MARCH 10, 2022

Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion. The post SCOTUS Kicks Off February Sitting With Oral Arguments in Three Cases appeared first on Constitutional Law Reporter. New York , No. 20- 449 (U.S.

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Constitutional Law Reporter

JUNE 4, 2021

“As such, it is sometimes appropriate for courts to entertain constitutional challenges to statutes or other agency-wide policies even when those challenges were not raised in ad- ministrative proceedings.”. It makes little sense to require litigants to present claims to adjudicators who are powerless to grant the relief requested.

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SCOTUSBlog

JUNE 29, 2022

Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Not once does he make reference to the person being confronted or, importantly, the circumstances that would make killing — yes, killing a person — in such a confrontation lawful.

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SCOTUSBlog

OCTOBER 10, 2022

Brian Frazelle of the Constitutional Accountability Center, which filed a brief on behalf of constitutional law professors , said that the challengers are seeking a “dramatic expansion” of the law that would call many other kinds of laws into question.

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Constitutional Law Reporter

MARCH 5, 2024

The States have asked the justices to stay implementation while litigation continues in the lower courts. The post Supreme Court Hears Challenge to EPA’s Good Neighbor Rule appeared first on Constitutional Law Reporter. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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Constitutional Law Reporter

APRIL 8, 2021

Exemption 5 incorporates the privileges available to Government agencies in civil litigation, such as the deliberative process privilege, attorney-client privilege, and attorney work-product privilege. The post SCOTUS Rules FOIA Exception Applies to Environmental Opinion appeared first on Constitutional Law Reporter.

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JonathanTurley

FEBRUARY 14, 2023

The Justice Department has maintained this broader definition in prior litigation declared in 2021 that Pence was shielded by the “speech or debate” clause in a civil lawsuit. It is not clear why Smith would invite such litigation, which could take years to hash out in the courts.

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SCOTUSBlog

NOVEMBER 2, 2022

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. There is no provision for new rules of statutory interpretation.

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Constitutional Law Reporter

JANUARY 25, 2024

Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. The post SCOTUS Kicks Off January 2024 Session With Five Cases appeared first on Constitutional Law Reporter. Decisions in all of the above cases are expected before the Term ends in June.

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JonathanTurley

JUNE 23, 2022

Many of us were predicting a major loss for over a year and New York, as usual, litigated a bad case and made more bad law for gun control advocates. Kathy Hochul immediately declared “Shocking, absolutely shocking that they have taken away our right to have reasonable restrictions.” Hochul added “This is New York.

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JonathanTurley

APRIL 1, 2023

Judge Parker was correct to enjoin the law pending further review. It is likely that the law will be declared unconstitutional unless the legislature seeks amend the law and declare the litigation moot. Here is the order: 03-31-2023-Order-Granting-TRO

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Constitutional Law Reporter

MAY 3, 2022

The Court first rejected the prison officials’ threshold contention that Ramirez couldn’t succeed on his claims because he failed to exhaust all available remedies before filing suit as mandated by the Prison Litigation Reform Act of 1995. According to the Court, Ramirez properly exhausted his administrative remedies.

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JonathanTurley

MAY 31, 2021

President and Fellows of Harvard College , the litigants cite a study finding that Asian Americans needed SAT scores that were about 140 points higher than white students; the gap with admitted African American and Hispanic students is even greater. In Students for Fair Admissions v.

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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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