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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Court Statute Constitutional Law Contract 52

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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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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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 43

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

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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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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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

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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JonathanTurley

MARCH 16, 2025

We ordinarily celebrate with a traditional Virginia dinner (with the required Virginia ham), a three-layer cake, and Madisons favorite dessert of ice cream (I recommend the tripartite Neapolitan). was born on March 16, 1751 at the Belle Gove Plantation in the colony of Virginia to James Madison Sr. James Madison, Jr.

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JonathanTurley

DECEMBER 1, 2024

46 (1988), the Supreme Court reversed a lower court’s judgment for intentional infliction of emotional distress against Hustler for a parody of Jerry Falwell, the founder of the Moral Majority and Liberty University in Lynchburg, Virginia. Falwell , 485 U.S.

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Government Criminal Law Laws Court 66

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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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 104

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 99

JonathanTurley

MARCH 16, 2023

We will be celebrating tonight with a traditional Virginia dinner (with the required Virginia ham), a three-layer cake, and Madison’s favorite dessert of ice cream (I recommend the tripartite Neapolitan). was born on March 16, 1751 at the Belle Gove Plantation in the colony of Virginia to James Madison Sr. James Madison, Jr.

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Government Lawyer Lawyers Constitutional Law 55

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 Lawyer 86

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 10

JonathanTurley

MARCH 16, 2024

We will be celebrating tonight with a traditional Virginia dinner (with the required Virginia ham), a three-layer cake, and Madison’s favorite dessert of ice cream (I recommend the tripartite Neapolitan). was born on March 16, 1751 at the Belle Gove Plantation in the colony of Virginia to James Madison Sr. James Madison, Jr.

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Government Lawyer Lawyers Constitutional Law 52

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 48

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 11

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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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 122

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

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

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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Court Technology Constitutional Law Laws 53

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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Government Legal Legal Constitutional Law 55

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).

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Education Court Legal Legal 58

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 56

JonathanTurley

SEPTEMBER 16, 2023

The bizarre story of Susanna Gibson and her running as a candidate for the House of Delegates has occupied much of the conversations around Virginia, where I live. Virginia State Sen. Indeed, even the service provider itself is protected under the law. The tips, she reportedly pledged, would go to a “good cause.”

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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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Law School Court Constitutional Law Laws 136

JonathanTurley

JUNE 7, 2021

Joe Manchin , President Biden may be thinking of offering his voracious dog, Major, to the West Virginia Democrat. Here is the column: “If you want a friend in Washington, buy a dog,” is a quote often attributed, perhaps erroneously, to President Truman. When it comes to Sen. Official White House Photo/Adam Schultz).

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Constitutional Law Court Laws 53

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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Lawyer Lawyers Court Government 31

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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JonathanTurley

MAY 16, 2022

Virginia , was based on different constitutional grounds and would not be negated by this opinion. With polls showing that 94 percent of Americans support interracial marriage , the Times editors do not bother to name the states that are largely composed of the remaining 6 percent. The leading case on interracial marriage, Loving v.

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Drafting Court Education Laws 47

JonathanTurley

DECEMBER 29, 2023

It is reminiscent of the recent controversy involving Virginia Democratic candidate Susanna Gibson who was shown to have engaged in sex acts on the Internet with her husband. However, this was conduct that was both legal and conducted outside of his official duties without reference to his academic or administrative positions.

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Contract Education Constitutional Law Legal 52

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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