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Cherry-picked history and ideology-driven outcomes: Bruen’s originalist distortions

SCOTUSBlog

Here is what Thomas says about Texas, a state whose robust gun laws, he reluctantly concedes, undeniably support New York’s approach to public safety. But the Texas statute, and the rationales set forth in English and Duke , are outliers.” Apparently, that claim continues to a be a promise as yet unfilled.

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SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

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. Facts of the Case A Texas jury found petitioner Rodney Reed guilty of the 1996 murder of Stacey Stites. Reed then sued in federal court under 42 U.S.C.

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First Amendment Issues Dominant Busy Week at the Supreme Court

Constitutional Law Reporter

Sections 401 and 403 of the statute apply to offenses committed after the FSA’s enactment on December 21, 2018, and to “any offense that was committed before the date of enactmentif a sentence for the offense has not been imposed as of such date of enactment.” Paxton : The First Amendment case challenges Texas H.B.

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SCOTUS Clarifies Standard for Retaliatory Arrest Claims

Constitutional Law Reporter

Facts of the Case In 2019, Sylvia Gonzalez ran for a seat on the city council of Castle Hills, a small town in southern Texas. 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].

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Supreme Court to Clarify What Constitutes Identity Theft

Constitutional Law Reporter

David Dubin was the managing partner of PARTS, a psychology practice in Texas. The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. United States is whether identity theft occurs anytime a person uses someone else’s name in the commission of a crime.

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SCOTUS Remands Content Moderation Cases But Still Delivers First Amendment Lessons

Constitutional Law Reporter

However, the Court remanded the cases back to the lower courts after concluding that neither court properly analyzed “the facial First Amendment challenges” to the laws. Facts of the Case In 2021, Florida and Texas enacted statutes regulating large social-media companies and other internet platforms.

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SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

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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