ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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SCOTUSBlog

JANUARY 13, 2024

The district court ruled for the company on Horn’s RICO claim. Because RICO authorizes lawsuits only for injury to business or property, the district court held, it does not extend to harm from a personal injury like being misled into purchasing an alternative health supplement. “If

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JonathanTurley

MAY 12, 2021

.” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” As the United States Supreme Court ruled in National Ass’n for the Advancement of Colored People v. Winston , 199 S.E.2d

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Broadcast Law Blog

OCTOBER 11, 2013

The battle over services that record and stream over-the-air TV without compensation to TV broadcasters has become even more confusing, with a US District Court judge in Boston denying an injunction to stop the Aereo service in Massachusetts in a suit brought by Hearst Corporation, which owns a local TV station.

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JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Two years after Heller, in McDonald v.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court in Washington Upheld Forest Restoration Plan. The federal district court for the Eastern District of Washington upheld the U.S. The federal district court for the Western District of Washington vacated U.S. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance. A-3393-15T4 et al. June 22, 2017).

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HowAppealing

JUNE 15, 2023

“Supreme Court Upholds Native American Adoption Law; At issue in the case was whether a law aimed at keeping Native American adoptees within tribes is constitutional”: Abbie VanSickle of The New York Times has this report. ” David G. ” This morning, the U.S. .” ” This morning, the U.S.

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The Crime Report

JUNE 29, 2022

50 years ago today, the Supreme Court in their opinion on Furman v. The decision forced federal and state governments to review their statutes to ensure that administration of the death penalty did not discriminate and was applied consistent to the Eight Amendment, prohibiting cruel and unusual punishment.

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SCOTUSBlog

APRIL 20, 2022

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. ,

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HowAppealing

AUGUST 10, 2023

“A Mississippi case leads US appeals court to strike down lifetime gun ban for drug users”: Margaret Baker of The Biloxi Sun Herald has this report. Lindsay Whitehurst of The Associated Press reports that “ Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case.”

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SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. Supreme Court. A new case on public funding and religious education.

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HowAppealing

OCTOBER 9, 2021

David Goodman of The New York Times reports that “ Most Abortions in Texas Are Banned Again After Court Ruling; A federal appeals court panel temporarily reinstated the law that bans most abortions after six weeks of pregnancy while it considers a district judge’s ruling.” ” Ann E.

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JonathanTurley

OCTOBER 8, 2022

Now, the Delaware Supreme Court has rejected a Democratic universal mail-in voting law as unconstitutional. The Delaware Supreme Court ruled on Friday that a state law enacting universal mail-in voting violated the state’s constitution. Now it appears that universal mail-in voting is barred in the state.

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. Washington. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Filing a new petition in a second Andrus v. Animal Legal Defense Fund.

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SCOTUSBlog

MARCH 30, 2022

The Supreme Court instructed the Texas Court of Criminal Appeals to consider whether counsel’s inadequate performance had prejudiced Andrus – that is, whether but for counsel’s deficient performance, the mitigating evidence might have prompted at least one juror to opt for a sentence of life without parole rather than the death penalty.

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JonathanTurley

JULY 27, 2021

The Court could then have addressed the question in another case but elected to Arlene’s Flowers v. Washington in light of its decision. State of Washington and Arlene’s Flowers v. Then the Supreme court denied certiorari in July 2021. On June 15, 2021, a Colorado District Court ruled in Scardina v.

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JonathanTurley

FEBRUARY 7, 2023

Lauren Handy and nine other anti-abortion activists were charged last year with conspiring to obstruct access to a Washington abortion clinic on Oct. They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.”

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The Crime Report

DECEMBER 1, 2022

The National Advocates for Pregnant Women, a legal advocacy group, says Wisconsin’s fetal protection law is the most “egregious” of the civil statutes in the country. Loertscher’s legal team — which included now-Attorney General Josh Kaul — was most successful, securing a federal court ruling that deemed the law unconstitutional.

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HowAppealing

DECEMBER 10, 2021

David Goodman and Ruth Graham of The New York Times report that “ Small Court Victories Change Nothing for Women Seeking Abortions in Texas; A Texas statute that bans abortion after six weeks of pregnancy was seemingly undercut by two court rulings, but the reality on the ground has not changed.” Jackson , No.

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SCOTUSBlog

MARCH 21, 2025

The case centers on statements that Thompson made to a loan servicer and contractors for the Federal Deposit Insurance Corporation when they were trying to recover money owed to the Washington Federal Bank for Savings, a small bank on Chicagos South Side where the Daley family , the citys most famous political dynasty, made its name.

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HowAppealing

MARCH 25, 2021

Victor Morton of The Washington Times reports that “ Bump stocks not ‘machine guns’ and not subject to ATF ban, federal appeals court rules.” ” You can access today’s ruling of a divided three-judge panel of the U.S. ” And at “The Volokh Conspiracy,” Jonathan H. .”

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JonathanTurley

JANUARY 19, 2022

That included a column by Washington Post’s Ruth Marcus asking “ Why is a prominent federal judge hiring a law clerk who said she hates Black people ?” The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 157, 168 (1979).

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SCOTUSBlog

DECEMBER 31, 2020

Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. Virginia , the court did find the statute unconstitutional.

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SCOTUSBlog

NOVEMBER 1, 2021

The justices once again did not act, however, on the petition for rehearing filed by Washington state florist Barronnelle Stutzman, who declined to make custom flower arrangements for a same-sex wedding because of her religious beliefs. Abortion coverage by employers.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. The court granted the company leave to amend its complaint with 21 days. In addition, the company filed an appeal with the Washington State Pollution Control Hearings Board.

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SCOTUSBlog

DECEMBER 31, 2022

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 court ruled in Olmstead v. Dellinger lost both of those cases, but he notched plenty of victories, including in Washington v.

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SCOTUSBlog

JANUARY 26, 2022

After graduating from Yale in 2001, she spent a year working as an associate at Jenner & Block in Washington, D.C., Court of Appeals for the District of Columbia Circuit from 2002 to 2003. Circuit to the Supreme Court, where she clerked for Justice John Paul Stevens during the 2003-04 term. Kruger went from the D.C.

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SCOTUSBlog

JANUARY 14, 2022

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. Court of Appeals for the 4th Circuit violated basic principles of Strickland v. In Cooper Tire & Rubber Company v. Stirling v.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Shell Oil Products Co. , 19-1818 (1st Cir.).

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. In re Enbridge Energy, LP , No. __ (Minn. 97182-0 (Wash. Sacchi et al. Argentina et al. (UN

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

If the renewal license was an order, the First Circuit asked the state court to address whether the CCA expressly preempted the ordinance challenged in this case. Washington Supreme Court Invalidated Regulation of Indirect Greenhouse Gas Emissions. Association of Washington Business v. Indigenous Environmental Network v.

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JonathanTurley

NOVEMBER 2, 2024

You know, they’re all war hawks when they’re sitting in Washington in a nice building saying, oh, gee, we’ll, let’s send — let’s send 10,000 troops right into the mouth of the enemy.” The statute is below. Colorado, the Supreme Court ruled that criminal threats must be based on a showing of a culpable mental state.

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JonathanTurley

MARCH 2, 2025

The various inspector generals were also terminated and, at the time, some of us raised concerns over compliance with underlying federal statutes. Judge Jackson held that the firing clearly violated the controlling statute and that the Act itself was constitutional. In 2020, the Court ruled in Seila Law LLC v.

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SCOTUSBlog

APRIL 18, 2024

The court’s answer will determine not only whether Trump’s trial in Washington, D.C., A provision known as the executive vesting clause gives the president the “executive power,” which, under the principle of separation of powers, courts cannot sit in judgment over, Trump observes. before U.S. In the landmark Marbury v.

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ClimateChange-ClimateLaw

MARCH 6, 2018

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. The action involved closing valves on pipelines in Washington, Montana, Minnesota, and North Dakota.

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SCOTUSBlog

APRIL 28, 2022

After the court ruled that Congress could access the records (over a solo dissent from Thomas), The Washington Post and CBS revealed that Thomas’ wife, Ginni, had repeatedly urged President Donald Trump’s chief of staff to negate the election results in the fall of 2020.

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