Constitutional Law Reporter

MARCH 5, 2024

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review.

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Constitutional Law Reporter

FEBRUARY 27, 2023

Supreme Court, we decline to say that a speaker’s subjective intent to threaten is necessary for a statement to constitute a true threat for First Amendment purposes.” In Virginia v. The post SCOTUS to Clarify Standard for Determining Whether True Threat Exception Applies appeared first on Constitutional Law Reporter.

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Court Constitutional Law Attorney Laws 52

JonathanTurley

MARCH 16, 2022

We will be celebrating tonight with a traditional Virginia dinner (with the required Virginia ham), a three-layer cake (for the tripartite system), and Madison’s favorite dessert. was born on March 16, 1751 at the Belle Gove Plantation in the colony of Virginia to James Madison Sr. He would have been 271 years old.

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Government Lawyer Lawyers Constitutional Law 36

JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. Bartow was charged under Virginia Code § 18.2-416,

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Statute Misdemeanor Court Rules Court 38

JonathanTurley

OCTOBER 12, 2021

During the First Congress that decided that the Capital should be in what is now Washington DC, there were vigorous debates about where it should be, with New York, Philadelphia, and Virginia all urging that it be there.

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Litigation Litigating Legal Legal 31

SCOTUSBlog

NOVEMBER 2, 2022

Under Section 2255(h), a prisoner can bring a second or successive petition based only on facts that clearly demonstrate actual innocence or a new rule of constitutional law that the Supreme Court has made retroactive. There is no provision for new rules of statutory interpretation.

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Statute Government Court Felony 92

JonathanTurley

JULY 3, 2022

Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov.

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Above The Law

MARCH 23, 2022

The post IN Sen Mike Braun Takes Principled Stand Against Interracial Marriage, Before Remembering Bigotry Is Bad Actually appeared first on Above the Law. States' rights? Where have we heard that one before?

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Laws Constitutional Law Government 109

JonathanTurley

NOVEMBER 2, 2021

There are few constitutional rights that have been debated so long in this country as gun rights. Indeed, before other Englishmen were given a written guarantee of the right to bear arms, colonists in Virginia in 1607 were given such a written guarantee by the Crown.

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JonathanTurley

OCTOBER 18, 2021

Notably, English subjects in the American colonies were the first to receive written guarantees of the right to bear arms for self-defense; settlers of the Virginia colony in 1607 and the New England colony in 1620 were subjects under royal charters recognizing that right.

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Court Litigation Litigating Laws 40

JonathanTurley

OCTOBER 5, 2021

Under my proposal, the mall and core federal buildings would remain the District of Columbia (as is the case in this legislation) but the remainder of the District would retrocede back to Maryland (as did the other half of the original District to Virginia).

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JonathanTurley

JUNE 12, 2021

Patrick Henry and George Mason really teamed up like tag team taking on the Federalists and the Constitution. What they argued, was that the Constitution put control of the militia under federal control. That meant that Virginia would be left defenseless, as they saw it, when there is an uprising.

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Government Laws Construction Constitutional Law 39

JonathanTurley

FEBRUARY 27, 2022

Now, a federal district court in Northern Virginia has handed down a major decision in Coalition for TJ v. Fairfax County School Board , ruling that a new admissions policy at the Thomas Jefferson High School for Science and Technology, in Fairfax, Virginia is unconstitutional.

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SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Virginia ) all laid the groundwork for modern jurisprudence in those areas. But enough with March Madness melodrama. This is the final round of the Big Dance, and it’s time to vote. Board of Education.

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Court Education Constitutional Law Court Decisions 109

SCOTUSBlog

APRIL 9, 2021

Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Bob Bauer (co-chair), professor of practice, distinguished scholar in residence and co-director of the Legislative and Regulatory Process Clinic at New York University School of Law. Sovern Professor of Law at Columbia University.

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Constitutional Law Reporter

JULY 25, 2023

640 (2000), West Virginia Bd. In Barnette , the Court held that the State of West Virginia’s efforts to compel schoolchildren to salute the Nation’s flag and recite the Pledge of Allegiance “invad[ed] the sphere of intellect and spirit which it is the purpose of the First Amendment. Dale , 530 U.S. Barnette , 319 U.S. 557 (1995).

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Court Government Constitutional Law Statute 52

JonathanTurley

MAY 5, 2021

The lawsuit of Virginia Tech student Kierstien Hening begins with a simple statement: “Kierstien Hening refused to kneel.” As a state school, Virginia Tech is subject to the limitations imposed on the government under the First Amendment. A Virginia professor had to take a leave of absence after criticizing BLM.

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Real Estate Constitutional Law Government Court 48

JonathanTurley

OCTOBER 17, 2022

While it is unlikely to pass, new legislation criminalizing the refusal of parents to affirm their children’s LGBT identity would trigger a likely successful constitutional challenge. Democratic Virginia Delegate Elizabeth Guzman proclaimed that it should be crime for parents to hold an opposing view on such changes for their children.

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Misdemeanor Education Felony Criminal Law 46

JonathanTurley

AUGUST 3, 2021

Virginia , 75 U.S. Speech, religious, and associational rights are often curtailed or denied by such restrictions. The Supreme Court has also recognized a right to movement in cases like In Paul v. 168 (1869), where it supported the “right of free ingress into other States, and egress from them.”

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Above The Law

SEPTEMBER 20, 2024

Radical concept, but maybe the students could figure out the law without having to experience the fact pattern first-hand. The post Law School Con Law Class Shows Porn So You Know It When You See It appeared first on Above the Law.

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Law School Laws Constitutional Law 125

JonathanTurley

JUNE 8, 2021

YouTube screenshot. We recently discussed the case of Loudoun County teacher Byron “Tanner” Cross who was suspended for speaking against gender policies. In a major victory for the free speech rights of teachers, Twelfth Circuit Judge James E.

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Education Entertainment Court Litigation 33

JonathanTurley

MAY 22, 2022

We have already seen successful litigation challenging mandatory pronoun usage, including the recent litigation involving a teacher in Loudoun County , Virginia. The use of such a guide by a state school would raise serious First Amendment issues.

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Sports Litigation Litigating Constitutional Law 10

LLRX

JANUARY 9, 2022

Ken Hughes is a researcher with the Presidential Recordings Program of the University of Virginia's Miller Center. Hughes argues that erosion in American democracy depends on the conspiracy theory, destructive and demonstrably false, that the 2020 election was stolen.

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Legal Research Constitutional Law Government Legal 111

JonathanTurley

APRIL 14, 2022

.'” Captain Jack Sparrow’s clarification in the movie Pirates of the Caribbean could prove useful when actor Johnny Depp takes the stand in his defamation case in Fairfax, Virginia against his former wife, Amber Heard. ” He is now trying his hand with a Virginia jury.

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Litigation Litigating Legal Legal 34

JonathanTurley

SEPTEMBER 1, 2023

I do view this law as containing unconstitutional elements. These laws have been enacted in other states, including Louisiana, Mississippi, Virginia and Utah. However, this is likely to be just the start to a long series of challenges and appeals. Here is the opinion: Free Speech Coalition v. Colmenero

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Laws Entertainment Statute Court 33

JonathanTurley

SEPTEMBER 17, 2022

West Virginia v. Elenis : A web designer challenging Colorado’s public accommodations law after declining to provide services for the marriages of same-sex couples. New York State Rifle & Pistol Association Inc. Bruen (Gun rights). Bremerton School District (Free exercise and free speech). Makin (Establishment of religion).

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Lawyers Lawyer Court Government 33

LexForti

JULY 26, 2021

Jehovah’s Witnesses are happy to have had a part in contributing to the constitutional freedoms of all citizens in India. Similar view was expressed in their judgment given by US Supreme Court in case of West Virginia State Board of Education V. Shukla, Constitution of India, Eastern Book Company,2018, 13 th edition, pg no.

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Legal Legal Court Laws 52

JonathanTurley

DECEMBER 15, 2021

There was a surprising claim by Prince Andrew this week by his defense in the lawsuit from Virginia Roberts Giuffre, who claims that she was forced to have sex with him at the behest of Jeffrey Epstein. Florida Southern District Court.

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Statute Tort Laws Court 34

SCOTUSBlog

JUNE 27, 2022

Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. Bruen can be analyzed at the level of policy or at the level of constitutional method. New York State Rifle & Pistol Association v.

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Laws Government Constitutional Law Court 144

JURIST

MAY 27, 2024

But the Convention came together to declare that equal rights, including rights for women and LGBTQ+ people, should be a fundamental value of American constitutional law. It was not lost on us that the first Convention had no women president and ours elected a woman as President. “It

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Government Laws Court Construction 197

JonathanTurley

AUGUST 9, 2024

As shown in his 8-0 reversal in his conviction of former Virginia Governor Bob McDonnell, Smith has rarely shown moderation as a prosecutor. There is also the possibility that Smith will do something that some of us have discussed over the last year: paring down his case. Smith has always been undone by his appetite.

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Court Calendaring Government Court Decisions 74

JonathanTurley

APRIL 19, 2021

Originally, the district was designed to be a diamond-shaped “federal city” composed of land ceded equally from Maryland and Virginia. Retrocession refers to returning the district from whence it came: to Maryland. After a few years, the district’s Virginians decided they wanted to go back and were allowed to retrocede.

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Education Manufacturing Constitutional Law Lawyers 74

JonathanTurley

MARCH 11, 2022

Then, in 2020, Virginia passed a ratification resolution for the ERA. Then he would have to ignore five states that negated their ratification votes long before Virginia voted. Democrats again insisted that deadlines and the state rescissions could be ignored. And then — poof! Then he would have to ignore the second deadline.

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Laws Court Legal Legal 42

JonathanTurley

JANUARY 13, 2022

San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). In her consolidated complaint against Whole Foods Market, Inc.,

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Lawyer Lawyers Government Court Rules 7

JonathanTurley

MAY 24, 2021

In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause. The legal question is whether historical disparities are enough to justify a system of race and gender preferences when all restaurants were impacted by the pandemic.

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Court Government Small Business Court Rules 59

JonathanTurley

JANUARY 3, 2022

Notably, the court has accepted a variety of other cases that could curtail agency authority, including West Virginia v. The rule is based on an agency interpretation of vague statutory provisions — an interpretation that was defended under the deference afforded to agency decisions.

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Court Litigation Litigating Laws 41

JonathanTurley

JANUARY 28, 2021

Under my proposal, the mall and core federal buildings would remain the District of Columbia (as is the case in this legislation) but the remainder of the District would retrocede back to Maryland (as did the other half of the original District to Virginia).

Education 46

Education Court Legal Legal 46