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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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

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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Statute Stare Decisis Court Manufacturing 107

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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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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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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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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Laws Court Statute Court Rules 100

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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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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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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Court Statute Court Rules Laws 100

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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Laws Court Statute Court Rules 100

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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Compensatory Damages Court Education Court Rules 142

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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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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Court Government Litigation Litigating 56

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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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

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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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

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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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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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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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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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

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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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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Laws Attorney Court Legal 126

JonathanTurley

NOVEMBER 12, 2021

Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too. Ironically, the Supreme Court warned against such sudden agency “finds” of regulatory authority.

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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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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

A magistrate judge in the federal district court for the District of Colorado recommended that the court grant an underground coal mine operator’s motion to dismiss a Clean Air Act citizen suit that alleged the mine required a Prevention of Significant Deterioration construction permit and a Title V operating permit. 1:20-cv-01342 (D.

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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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JonathanTurley

JUNE 24, 2024

However, the court denied him the right to have a jury rule on the key issue of whether these prior offenses occurred on different occasions. The court ruled that a jury had to decide this issue unanimously under a standard of beyond reasonable doubt. Jonathan Turley is the J.B. and Maurice C.

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SCOTUSBlog

OCTOBER 2, 2023

Share The Supreme Court on Monday morning declined to take an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, as well as a test of New Jersey’s “slogan statutes.” A jury awarded Planned Parenthood nearly $2.5 million, but the group contended that its conduct was protected by the First Amendment.

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ClimateChange-ClimateLaw

JUNE 8, 2021

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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SCOTUSBlog

JUNE 28, 2021

Grimm , leaves in place a lower-court ruling that found that a Virginia school district violated federal law when it barred students from using the restrooms that align with their gender identities. corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all.

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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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ClimateChange-ClimateLaw

MARCH 9, 2021

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. United States , No. 18-36082 (9th Cir.

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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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JonathanTurley

NOVEMBER 29, 2021

The Washington Post confirmed that the United States is one of only seven out of the world’s 198 countries that allow for abortions after the 20th week of pregnancy.). The court ruled 5-4 to allow the Texas law to be enforced. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.

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