SCOTUSBlog

APRIL 28, 2021

Instead, Whitehouse said, they should look to trial courts for the factual record of a given case, and to the legislature for the factual findings that lawmakers made when passing a law. In both cases, Whitehouse and other Senate Democrats argued that subsequent developments have disproven the Supreme Court’s factual assumptions.

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SCOTUSBlog

JUNE 27, 2023

Share In a major election-law decision, the Supreme Court ruled on Tuesday that although the Constitution gives state legislatures the power to regulate federal elections, state courts can supervise the legislature’s exercise of that power. Roberts agreed that the court did have the power to decide the case on the merits.

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Constitutional Law Reporter

SEPTEMBER 25, 2023

University of North Carolina , the U.S. Supreme Court struck down the college admissions programs of Harvard University and the University of North Carolina. The Court held that the raced-based policies violated the Constitution’s Equal Protection Clause. In Students for Fair Admissions v.

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JURIST

JUNE 27, 2023

Harper that the “ independent legislature ” election theory, which has been the legal foundation for many of the recent Republican-led efforts to change election administration law and overturn 2020 election results, is an invalid interpretation of the Election Clause of the Constitution.

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SCOTUSBlog

DECEMBER 7, 2022

Although some justices appeared receptive to that theory during nearly three hours of argument, it was not clear that there was a majority to endorse it, even as other justices focused on a narrower version of the theory that would preserve at least some role for state courts in enforcing state laws or the state constitution.

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JURIST

OCTOBER 18, 2022

North Carolina reproductive rights groups Monday filed a motion seeking to temporarily enjoin a ban on advanced healthcare professionals providing medication abortions. The motion alleges that clinics in North Carolina have expanded service availability from one day per week to three days per week since Roe was overturned.

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SCOTUSBlog

SEPTEMBER 3, 2021

North Carolina State Conference of the NAACP addresses the ability of North Carolina legislators to defend the state’s voter-ID law from lawsuits under the Constitution and the Voting Rights Act. The Federal Circuit rejected George’s argument on the ground that the VA had applied the law in existence at the time.

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SCOTUSBlog

AUGUST 3, 2022

Share The Supreme Court will kick off its November argument session with the highest-profile cases of that session: challenges to the consideration of race in the admissions process at Harvard and the University of North Carolina. University of North Carolina and Students for Fair Admissions v. 11, to Nov.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Court of Appeals for the 9th Circuit rejected that claim. Tingley also asks the court to overrule Employment Division v. Four years ago, the Supreme Court held in Nieves v.

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JURIST

MAY 17, 2023

The report first provides a comprehensive display of how states have changed their abortion policies since June 2022 when the Supreme Court decision in Dobbs v. The report comes as abortion bans are being struck down in many states, including Nebraska , North Carolina , and South Carolina. Wade precedent.

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The Crime Report

MARCH 29, 2022

As the Supreme Court begins to look at a liability case of two physicians already found guilty of pill peddling hundreds of thousands of opioids, doctors are becoming increasingly reluctant to prescribe opioids for pain treatment for fear of being criminally charged in the future , according to an analysis by Bloomberg Law.

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The Crime Report

SEPTEMBER 2, 2022

For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. Yet it left the door open for states to implement or reform their own laws – and some chose to preserve capital punishment. Reaction to the Furman decision was swift. The Furman Framework. Austin Sarat.

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SCOTUSBlog

JANUARY 20, 2025

Share The Supreme Court will hear oral arguments on Tuesday in a clash over whether a North Carolina-based company can challenge the Food and Drug Administrations denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana. The company, R.J.

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SCOTUSBlog

JANUARY 12, 2022

University of North Carolina , 21-707. The court earlier asked for the U.S. The case also presents the question whether a public-accommodation law that authorizes secular but not religious exemptions is generally applicable under Employment Division v. Smith , and if so, whether the Supreme Court should overrule Smith.

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SCOTUSBlog

JANUARY 25, 2022

Share For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging race-based affirmative action in higher education drew major headlines. University of North Carolina. For instance, in the challenges to Texas’ anti-abortion law , known as S.B.

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JonathanTurley

JANUARY 25, 2025

Notre Dame Law Professor Nicole Garnett has been involved in the case and the Notre Dame Religious Liberty Clinic is on the brief for St. The lower court ruled that such funding of a religious school is unconstitutional. Here is the lower court decision: St. ” The basis for the recusal is a mystery. Constitution.

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SCOTUSBlog

DECEMBER 31, 2020

As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reasons – to the Supreme Court of the United States. All left an imprint on the court or the law. Some worked behind the scenes. A few attained modest fame.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects.

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JonathanTurley

JUNE 10, 2023

We are awaiting the potential blockbuster ruling of the Supreme Court in the Harvard and North Carolina college admissions cases. After decades of conflicting and confusing rulings on the use of race as a factor for admissions, the Court could be close to rejecting the practice. In 2003 in Grutter v.

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SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Twelve governors write similarly that the court’s abortion precedent represents an “intrusion into the sovereign sphere of the States.” 1 in support of that law.

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SCOTUSBlog

DECEMBER 3, 2021

The law further provides that if the president “determines … to take action to adjust imports of an article and its derivatives, the President shall implement that action by no later than the date that is 15 days after the day on which the President determines to take action.”. Court of Appeals for the Fourth Circuit considers the issue.

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The Crime Report

NOVEMBER 19, 2021

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. There have been some justices who have stressed it.

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JonathanTurley

JANUARY 27, 2022

University of North Carolina. The last time the court dealt with the issue of race in admissions was 2016 in Fisher v. The court upheld the use of race in the admissions process of the University of Texas at Austin by a vote of 4-3. President & Fellows of Harvard and Students for Fair Admissions v.

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