Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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JURIST

APRIL 19, 2022

The US government challenged this amendment, claiming that the law violated intergovernmental immunity, which is a constitutional law doctrine prohibiting both the federal government and individual states from intruding on the other’s sovereignty.

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JURIST

APRIL 25, 2021

Often, the requirement is mandated by statute. In jurisdictions where no statute has been enacted, the court may impose issue exhaustion if the hearing is sufficiently adversarial, as opposed to inquisitorial. This gives the agency an opportunity to respond and address the issue.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court’s Decision The Supreme Court reversed by a vote of 7-2, holding that because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. Justice Amy Coney Barrett wrote on behalf of the majority.

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Constitutional Law Reporter

JUNE 10, 2024

The Supreme Court went on to find that the CFPB’s funding statute contains the requisite features of a congressional appropriation. Supreme Court Upholds CFPB Funding Scheme appeared first on Constitutional Law Reporter. The post U.S.

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Constitutional Law Reporter

NOVEMBER 5, 2024

A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing]. The post SCOTUS Clarifies Standard for Retaliatory Arrest Claims appeared first on Constitutional Law Reporter.

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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. The Court next turned to the key issue — when the clock on the two-year statute of limitations began to run. The District Court dismissed Reed’s complaint.

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Constitutional Law Reporter

NOVEMBER 28, 2022

. § 2255 , federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by the Court. Please check back for updates.

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Constitutional Law Reporter

JUNE 17, 2024

The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. In reaching its decision, the majority noted that the Copyright Act’s statute of limitations establishes a three-year period for filing suit, which begins to run when a claim accrues. Metro-Goldwyn-Mayer , Inc. , Martinelli.

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JURIST

MAY 16, 2022

Under § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims indicating “factual innocence” or relying on “constitutional law decisions made retroactive” by the Supreme Court.

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SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

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Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. Meanwhile, Section 5314 provides that a violation occurs “when an individual fails to file a report consistent with the statute’s commands.” As Justice Gorsuch noted in the majority opinion, the statute lacks any account-specific language.

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Constitutional Law Reporter

AUGUST 22, 2023

As Justice Alito noted in his opinion, the presumption against extraterritoriality is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.”

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Constitutional Law Reporter

MARCH 5, 2024

2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.

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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. Bruen , 597 U.S. _ (2022).

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SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. Mirow and Howard Wasserman. The numbers on either side of the chair are also significant.

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Constitutional Law Reporter

DECEMBER 16, 2022

The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. He was subsequently charged with healthcare fraud, as well as aggravated identity theft under 18 U.S.C. Oral arguments have not yet been scheduled, but a decision is expected before the term ends in June 2023.

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Constitutional Law Reporter

APRIL 18, 2023

The Court failed to reach other issues raised by the parties, such as whether IDEA’s exhaustion requirement is susceptible to a judge-made futility exception and whether the compensatory damages Perez seeks in his ADA suit are in fact available under that statute. Perez, but for a great many children with disabilities and their parents.”

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Constitutional Law Reporter

FEBRUARY 16, 2023

89 (1990), while the Court presumes that federal statutes of limitations are subject to equitable tolling, this presumption may be rebutted if equitable tolling is inconsistent with the statutory scheme. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter.

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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.

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Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Please check back for updates.

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SCOTUSBlog

AUGUST 29, 2023

The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task — interpreting federal statutes — remains markedly underrepresented. The court’s securities law docket ballooned during Powell’s tenure – from approximately 1.5

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Constitutional Law Reporter

DECEMBER 4, 2023

922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. While the government cited colonial and early state laws disarming categories of individuals legislatures “considered to be dangerous,” the Fifth Circuit distinguished those laws from the statute at issue.

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Constitutional Law Reporter

DECEMBER 9, 2022

Gonzalez , which involves the scope of Section 230 of the Communications and Decency Act of 1996 , a statute that predates the rise of platforms like Twitter, Google, and YouTube. The post SCOTUS Agrees to Hear Case With Potential to Reshape Internet 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. goods across borders via the channels of foreign or interstate commerce.”

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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.

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Constitutional Law Reporter

AUGUST 13, 2024

922(g)(8) , a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. The post SCOTUS Clarifies Bruen in Upholding Federal Gun Law appeared first on Constitutional Law Reporter. Facts of the Case Zackey Rahimi was indicted under 18 U.S.C.

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SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. 1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights.

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SCOTUSBlog

NOVEMBER 27, 2023

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

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Constitutional Law Reporter

JUNE 3, 2022

Section 6 of the FAA provides that any application under the statute—including an application to stay litigation or compel arbitration—’shall be made and heard in the manner provided by law for the making and hearing of motions’ (unless the statute says otherwise),” Justice Kagan wrote. “A

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Constitutional Law Reporter

OCTOBER 25, 2023

The Fifth Circuit Court of Appeals held that this funding structure violates Article I, Section 9 of the Constitution (the Appropriations Clause), which provides that “[n]o money shall be withdrawn from the Treasury, but in Consequence of Appropriations made by Law.” Please check back for updates.

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Constitutional Law Reporter

JANUARY 26, 2023

223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text. The post SCOTUS Kicks Off February Session With Four Cases appeared first on Constitutional Law Reporter. Centro de Periodismo Investigativo, Inc.: Muth , 491 U.S.

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Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.

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Constitutional Law Reporter

NOVEMBER 1, 2022

McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. The post SCOTUS Kicks Off Term With Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Arellano v.

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Constitutional Law Reporter

APRIL 11, 2023

“Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.”

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