JonathanTurley

JULY 2, 2022

We have previously discussed how New York has proven the gift that keeps on giving for gun rights advocates. New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in in New York State Rifle & Pistol Association, Inc.

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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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JonathanTurley

MAY 9, 2021

There is an interesting First Amendment case brewing in New York after an appellate ruled that a mother identified as Christie could lose custody of her daughter unless she removes a rock with a small confederate flag image on it in the driveway.

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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

DECEMBER 9, 2023

I have previously written how New York has been the gift that keeps on giving for the National Rifle Association and other gun rights groups. The latest is a ruling by the United States Court of Appeals for the Second Circuit striking down key provisions of the law passed after the Bruen decision. New York Democratic Gov.

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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

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

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

NOVEMBER 23, 2022

I have previously written about how New York has proven time and time again as the gift that keeps on giving for the National Rifle Association (NRA) and gun-rights groups. New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights.

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JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional.

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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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JonathanTurley

DECEMBER 10, 2021

This week, New York became the latest city to grant voting rights to non-residents – a move that could give voting rights to 800,000 non-citizens in city elections. There are roughly a dozen such cities granting voting rights across the country but there are major questions over the legality of this measure in New York.

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JonathanTurley

JANUARY 19, 2023

Much has been made of the decision of the Supreme Court to reject a request for an injunction of a New York law limiting gun rights. New York Attorney General Letitia James went public to celebrate the “decision” while saying that the “gun safety laws help save lives, and keep our state safer.”

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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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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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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 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

MARCH 19, 2024

” While the Supreme Court in New York State Rifle & Pistol Ass’n v. Of course, no state has done more for the Second Amendment than New York. The state has been a fountain of unconstitutional laws — and the basis for a series of wins for Second Amendment advocates. ” New York Democratic Gov.

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JonathanTurley

SEPTEMBER 18, 2022

There is nothing unlawful in conveying individuals who are lawfully in the country pending their immigration hearings; the trips are voluntary, and most migrants appear eager to accept free passage to cities like New York or Chicago. And then Ron DeSantis drives them to Bush Gardens.”

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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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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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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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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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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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SCOTUSBlog

FEBRUARY 4, 2022

Professors at the event reflected on opinions about administrative law, free speech, patents, and other topics. When the court handed down the ruling, Linda Greenhouse noted then in The New York Times , Breyer said “that the court was taking a sharp and seriously mistaken turn.

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JonathanTurley

JANUARY 13, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Such an action would be highly unlikely to succeed.

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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

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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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

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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JonathanTurley

DECEMBER 15, 2023

Below is my (slightly updated) column in the New York Post on three myths being widely repeated in the Biden impeachment inquiry. These false narratives have been eagerly repeated in the media despite lacking legal or factual support.

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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 10, 2023

Not New York. Today is the anniversary of Wyoming becoming the first territory or state to grant women the right to vote on December 10, 1869. Not Massachusetts. Not Pennsylvania. The reason for the decision is hotly debated and I would have preferred simply a frontier appreciation for freedom.

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