Constitutional Law Litigation Statute 
SCOTUSBlog
DECEMBER 6, 2022
One concern was that the statute states that the court should not, and might not even have the power to, pull such an asset back into the estate. When Brunstad argued that the statue was clear enough, Gorsuch interjected that “we normally require magic words like ‘no jurisdiction,’” something this statute lacks.
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 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
Constitutional Law Reporter
JUNE 4, 2021
In her opinion, Justice Sotomayor explained that administrative review schemes commonly require parties to give the agency an opportunity to address an issue before seeking judicial review of that question, noting that such administrative issue-exhaustion requirements are typically creatures of statute or regulation. Citing Sims v.
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. It also noted that pursuant to Irwin v.
Constitutional Law Reporter
MAY 1, 2023
Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. The post SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule appeared first on Constitutional Law Reporter. In Wilkins v. Fort Bend County v.
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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