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The NAACP Board of Directors issued a formal travel advisory Sunday for the state of Florida over a series of laws recently signed by Governor Ron DeSantis that the organization says “[attempt] to erase Black history and to restrict diversity, equity, and inclusion programs in Florida schools.”
United States , the Supreme Courtruled that under Section 922(g)(5)(A), the prosecution must prove not only that a defendant knew he had a gun, but also that the defendant knew of his legal status as a prohibited person. Issue : Whether a district court may consider the 2018 amendment to the sentences mandated by 18 U.S.C. §
This week, we highlight petitions that ask the court to consider, among other things, whether that 30-day deadline bars owners from reclaiming property if they file with a missing signature. Luis Sanchez is a part-owner of a small business in Florida selling electronics to Latin American customers. In Sanchez v.
Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Norfolk Southern Railway Co. ,
Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. Concealed carry is allowed in all 50 states, and a Supreme Courtruling is expected shortly in a New York case about whether individuals have a Second Amendment right to carry guns openly in self-defense.
One example is a recent US District Courtruling on a motion for summary judgment of a copyright lawsuit brought by a photographer when his photos of Willie Nelson and Carlos Santana appeared on a news website to illustrate articles on the musicians. However, relying on the creative commons license can be perilous.
McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,
After the yacht ran aground in Florida and sustained significant damage, Raiders filed a claim. Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. The trial courtruled in favor of GLI. The Third Circuit ruled in favor of Raiders.
In yet another decision based on statutory interpretation, an appellate court has decided that FDA’s interpretation of the Federal Food, Drug, and Cosmetic Act (FDCA) is contrary to the plain text of the statute. As courts keep hitting the Agency “…Baby, One More Time ,” the appellate court these days seems Toxic for FDA.
The US Supreme Courtruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. ” Texas Governor Greg Abbott criticized the ruling, saying , “This decision is outrageous. SCOTUS [the Supreme Court] gives the Biden Admin.
The Arizona Supreme Courtruled on Tuesday that a 200-word description of a ballot initiative to enshrine a right to abortion in the state’s constitution was valid and determined voters would see the initiative on the statewide general election ballot.
In 1971, the Tucson branch of reproductive rights organization Planned Parenthood challenged the constitutionality of the statute. Wade , at which point the state statute was deemed unconstitutional and enforcement of it was enjoined. The 2022 ruling Dobbs v.
In Florida, U.S. District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Courtruling New York State Rifle & Pistol Association v. 18 U.S.C. § 18 U.S.C. §
Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. Woodson , 960 F.3d 3d 852 (6th Cir.
Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund.
On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. Johns County, Florida. The courtruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex.
The US Supreme Court on Monday vacated and remanded lower courtrulings regarding the constitutionality of statutes enacted by Florida and Texas to regulate large social media companies’ content moderation practices. Neither court performed that necessary inquiry.
McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. These and other petitions of the week are below: Thacker v.
The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Fish and Wildlife Service’s decision not to list the Florida Keys mole skink under the ESA was unlawful.
The courtruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102. Trimble ␣ 315 Mo.
The US Supreme Court heard oral arguments Wednesday in the case concerning whether a 1986 federal law preempts Idaho’s near-total abortion ban. The Idaho statute criminalizes performing or attempting to perform an abortion unless not doing so would result in the mother’s death. Jackson Women’s Health Organization.
But the lower courtsruled, and the federal government contends, that the “safety value” is only available to defendants who do not have any of the indicators. After the oral argument in Murray , the court will make a rare foray into admiralty law, in Great Lakes Insurance v. Raiders Retreat Realty Co.
On the other hand, 16 states protect access to abortion through various methods, such as state constitutional amendments and laws that protect the right to privacy, state supreme court decisions interpreting equal protection to include reproductive care, and statutes that protect access to reproductive care.
The court’s answer will determine not only whether Trump’s trial in Washington, D.C., District Judge Tanya Chutkan, originally scheduled for March 4 but now on hold, can go forward, but also whether the former president’s trials in Florida and Georgia can proceed. before U.S. In the landmark Marbury v. And in 1982, in Nixon v.
Court of Appeals for the 6th Circuit to lift those orders while they appealed. The court of appeals refused, instead expediting argument. By a split vote, the 6th Circuit then reversed the lower courts’ rulings , concluding that the states were likely to win their appeals. The court thus allowed the laws go into effect.
The federal district court for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA. In a letter to the court on March 2, the parties asked the court to defer further briefing on the U.S.-based
In court papers, she was identified only as “L.C.”. Four years later, her case reached the Supreme Court. In a 6-3 opinion by Justice Ruth Bader Ginsburg, the courtruled in Olmstead v. She successfully blocked the executions of two half-brothers who had been convicted of a Florida murder and were later released.
With respect to federal-officer jurisdiction, the district court noted that this case was similar to County of San Mateo v. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Chevron Corp. NEW CASES, MOTIONS, AND OTHER NOTICES.
Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.
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