Above The Law

JULY 8, 2022

If You Can't Stand The Heat, Get Out Through The Kitchen : Morton's Steakhouse helped Brett Kavanaugh run away through the back door when protesters arrived at a restaurant and then offered its own hilariously bad take on constitutional law. The theory is that Sidley will be aiding and abetting something that.

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The Crime Report

MARCH 14, 2022

Police commissioner Keechant Sewell said the officers had been through “an extensive amount of vetting,” and other top police officials said that each officer would complete seven days of training on subjects that included the use of force, constitutional law and community interactions.

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Constitutional Law Reporter

FEBRUARY 13, 2025

Fifth Circuits Decision The Fifth Circuit Court of Appeals upheld the law, finding that strict scrutiny did not apply. New York , 390 U.S. The post Supreme Courts January Docket Includes Key Free Speech Case appeared first on Constitutional Law Reporter. Oral arguments are scheduled for January 15, 2005.

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JURIST

NOVEMBER 8, 2023

Rahimi , marks the first challenge to gun control measures since a case from last year imposed a new framework to assess whether firearm restrictions impede on an individual’s rights under the Second Amendment of the US Constitution.

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SCOTUSBlog

JUNE 27, 2023

In a solo dissent, Thomas criticized what he characterized as the majority’s “surprising and misplaced reliance on New York Times v. This article was originally published at Howe on the Court. The post Justices throw out Colorado man’s stalking conviction in First Amendment dispute appeared first on SCOTUSblog.

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Patently O

AUGUST 11, 2022

The new hire then starts work the following summer. We’re not hiring in IP this year, but are looking to hire several candidates folks — primarily focusing on the areas of Criminal Law/Procedure; Evidence; Constitutional Law courses (including First Amendment); Contracts; Dispute Resolution; and Veterans benefits (clinic).

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JonathanTurley

JUNE 23, 2022

As predicted , the Supreme Court handed down a momentous opinion in favor of Second Amendment rights today in New York State Rifle & Pistol Association, Inc. Penal Law § 400.00(2)(f) ” New York Gov. Hochul added “This is New York. 2)(f) that require a showing of “proper cause.”

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JonathanTurley

NOVEMBER 2, 2021

New York State Rifle Association v. Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” The case concerns concealed-carry restrictions under N.Y.

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JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York.

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JonathanTurley

OCTOBER 18, 2021

Below is my column in the Hill on the makings of a blockbuster case in New York State Rifle & Pistol Association Inc. The court will soon take up New York State Rifle & Pistol Association Inc. The new case concerns concealed-carry restrictions under N.Y. Penal Law § 400.00(2)(f)

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SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Thomas speaks passively — very much in the abstract — about the need for a handgun in case of “confrontation.”

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Constitutional Law Reporter

JUNE 25, 2024

Facts of the Case As set forth in the Court’s opinion, DFS regulates insurance companies and financial services institutions doing business in New York, and has the power to initiate investigations and civil enforcement actions, as well as to refer matters for criminal prosecution. Lockton and Chubb subsequently suspended Carry Guard.

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JonathanTurley

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.”

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Constitutional Law Reporter

DECEMBER 6, 2023

Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. While the Fifth Circuit initially upheld the statute, it reversed course following the Supreme Court’s decision in New York State Rifle & Pistol Association v.

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Constitutional Law Reporter

DECEMBER 11, 2023

The second case centers on whether a “bump stock” – an attachment that converts a semiautomatic rifle into a fully automatic weapon – qualifies as a “machinegun” under federal law. The post SCOTUS Adds Two Additional Gun Rights Cases to Docket appeared first on Constitutional Law Reporter. Vullo The NRA alleges that Maria T.

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JonathanTurley

NOVEMBER 26, 2020

Supreme Court delivered a surprising blow to pandemic restrictions on house of worship in a late night order barring the enforcement of New York Gov. If Ruth Bader Ginsburg was still on the Court, this would have gone 5-4 in favor of New York. Here is the order: ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK v.

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Constitutional Law Reporter

NOVEMBER 3, 2021

New York: The case centers of the Sixth Amendment’s Confrontation Clause and its relationship to a rule of evidence known as “door opening,” under which a litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence.

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JonathanTurley

JULY 23, 2024

Minnesota has joined states like New York and Illinois in advancing weak arguments to the benefit of gun rights advocates. That dubious claim is even less compelling after reading this opinion. ” That proposition was left virtually unsupported as was the suggestion that 18 to 20-year-olds are a public danger.

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JonathanTurley

OCTOBER 19, 2021

The law further states “The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.”. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. The charge was later dismissed.

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Constitutional Law Reporter

MARCH 10, 2022

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

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Constitutional Law Reporter

FEBRUARY 10, 2022

New York , 595 U. Both the New York Appellate Division and the Court of Appeals affirmed Hemphill’s conviction. The post <strong>Supreme Court Rejects “Door Opening Rule” Exception to Confrontation Clause</strong> appeared first on Constitutional Law Reporter. In Hemphill v.

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NewYorkCourtWatcher

JULY 1, 2023

Wilson, Opening RemarksSenate Confirmation Hearing, April 17, 2023 At Columbia Law SchoolIn previous posts in this series, we reviewed Rowan Wilson's eventual selection to sit on New York's highest court in 2016 by then-Governor Andrew Cuomo, and his nomination to be Chief Judge this past April by

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JonathanTurley

JULY 23, 2022

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. In Rocky Mountain Gun Owners v. Superior , District Judge Raymond P.

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Constitutional Law Reporter

AUGUST 13, 2024

While Rahimi’s case was on appeal, the Supreme Court decided New York State Rifle & Pistol Assn., The post SCOTUS Clarifies Bruen in Upholding Federal Gun Law appeared first on Constitutional Law Reporter. The District Court denied Rahimi’s motion to dismiss the indictment on Second Amendment grounds.

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JonathanTurley

SEPTEMBER 30, 2021

Lamberth rejected that argument and held that the law was clearly unconstitutional when the city passed it. Notably, the Supreme Court is about to hear a major Supreme Court case involving the Second Amendment in New York State Rifle & Pistol Association Inc. Here is the decision: Smith v. District of Columbia.

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JonathanTurley

JULY 14, 2023

I will be joined on the panel with a distinguished group of experts: Phil Kiko, Principal, Williams & Jensen; former Chief of Staff and General Counsel, House Judiciary Committee; former Chief Administrative Officer, House of Representatives Gene Schaerr, General Counsel, Project for Privacy and Surveillance Accountability Elizabeth Goitein, Senior (..)

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Constitutional Law Reporter

DECEMBER 4, 2023

Supreme Court decided New York State Rifle & Pistol Association v. Bruen , which held that “[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” While that petition was pending, the U.S.

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Constitutional Law Reporter

MAY 13, 2022

In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Thompson’s sister-in-law, who apparently suffered from a mental illness, called 911 to report that Thompson was sexually abusing the baby. Facts of the Case.

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Constitutional Law Reporter

JUNE 17, 2022

Border Patrol agent, that a Turkish national, arriving in Seattle by way of New York, had scheduled transportation to Smuggler’s Inn. The post Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent appeared first on Constitutional Law Reporter.

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JonathanTurley

DECEMBER 6, 2023

In New York Times v. Hill , which held that a family suing Life Magazine for false light must shoulder the burden of the actual malice standard under New York Times v. In the defamation action, Armenta could claim that he falls under the lower standard for defamation actions.

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Broadcast Law Blog

MARCH 16, 2017

The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings.

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Constitutional Law Reporter

JUNE 5, 2023

New York State Liquor Authority , 476 U.S. Meanwhile, Justice Amy Coney Barrett concluded that the judgment should be affirmed because Pike balancing requires both the benefits and burdens of a State law to be judicially cognizable and comparable, but the benefits and burdens of Proposition 12 are incommensurable.

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JonathanTurley

MAY 31, 2021

New York topped the per capita spending, at $24,040 per kid. Yet, according to a 2019 study, over half of New York City public school kids cannot handle basic math or English. Testing results reflect a continuing failure of our public schools. On tests, Asian kids shows a 74.4 percent proficiency in math, with a 66.6

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JonathanTurley

JANUARY 7, 2025

There is an interesting defamation case out of New York in which the Second Circuit upheld the dismissal of the lawsuit by Louis Farrakhan and the Nation of Islam (NOI) against the Anti-Defamation League (ADL) and individual defendants Jonathan Greenblatt, the Simon Wiesenthal Center, and Rabbi Abraham Cooper.

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JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

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JonathanTurley

JUNE 22, 2022

States opposed to slavery, like Vermont, Pennsylvania, New Hampshire, New York and Rhode Island, had precursor state constitutional provisions recognizing the right to bear arms. NPR breathlessly billed its interview as “ Historian Carol Anderson Uncovers The Racist Roots Of The Second Amendment.”.

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JonathanTurley

JANUARY 3, 2021

Imagine if a state like New York made such a decision based on the cultural contribution of certain races or groups. 1, 2020, Advisory Committee on Immunization Practices (ACIP) recommended that health care personnel and long-term care facility residents be offered COVID-19 vaccination first (Phase 1a).

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