Above The Law

JUNE 3, 2025

Supreme Court could be pinpointed to a single seat. His jurisprudence wasnt always consistent, but it was often decisive. With his retirement, and the appointments of Justices Gorsuch, Kavanaugh, and Barrett, the Court adopted a solid 63 conservative majority. For decades, the gravitational center of the U.S.

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The Volokh Conspiracy

JUNE 17, 2025

Kelo is the controversial Supreme Court decision which held that privately owned "economic development" was enough to satisfy the Fifth Amendment requirement that the government can only condemn property for a "public use." The twentieth anniversary of Kelo v. City of New London is coming up on June 23. opportunities.

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LegalReader

JUNE 17, 2025

Federal courts take jurisdiction of these cases when they move between states or when federal entities become involved. Each state maintains its own collection of laws and established court decisions that determine the handling of these cases.

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SCOTUSBlog

JANUARY 23, 2025

Share The Supreme Court on Thursday afternoon granted the federal governments request to be allowed to enforce a federal anti-money-laundering law while the governments appeal moves forward in the conservative U.S. Court of Appeals for the 5th Circuit. Solicitor General Elizabeth Prelogar to come to the Supreme Court on Dec.

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ClimateChange-ClimateLaw

MARCH 19, 2025

4] Canadas statute is an updated version of what have been called constituency statutes in the United States, which explicitly expand the fiduciary duties of corporate managers and directors beyond shareholders but do not usually include the environment among allowable factors, except in Arizona and Texas. [5] at 17 & tbl. 1; Lucian A.

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SCOTUSBlog

FEBRUARY 13, 2025

Share The Supreme Court will hear oral arguments on Feb. 24 in the case of a man on Texas death row who has long tried to obtain postconviction DNA testing on evidence that he says would exonerate him. Now the Supreme Court will weigh in. Gutierrez was convicted of capital murder in 1999 and sentenced to death.

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The Volokh Conspiracy

JUNE 26, 2025

Hodges , the landmark Supreme Court decision striking down laws banning same-sex marriage. The Court got the right result. Instead of relying on a dubious mishmash of rationales, the Court would have done better to rule that laws banning same-sex marriage are unconstitutional because they discriminate on the basis of sex.

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HowAppealing

APRIL 9, 2025

“Rulings in New York and Texas Curb Deportations of Venezuelans to El Salvador; The decisions suggest that the battle over using a wartime law, the Alien Enemies Act, to deport migrants is certain to persist”: Alan Feuer and Jonah E. Supreme Court decision.”

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Above The Law

JUNE 2, 2025

From the Wall Street Journal : President Trump dismisses court rulings against him as judicial overreach, and sometimes hes right. Colloton of the US Court of Appeals for the Eighth Circuit dismissing the complaint didnt name Traynor, but hes the only trial judge from that circuit who is part of the boycott. Read more here. #5

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SCOTUSBlog

JANUARY 16, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Courts upcoming conference the second January conference — is ordinarily the justices last opportunity to add new cases to the docket in time for them to review and decide the disputes by the summer recess.

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JonathanTurley

MAY 19, 2025

These are only the latest such comments by justices that became distractions during the discussion of pending cases before the Court. What was particularly thrilling was that the declaration of act of solidarity was not coming from a Democratic member of Congress or an MSNBC host, but from Associate Supreme Court Justice Sonia Sotomayor.

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SCOTUSBlog

JUNE 23, 2025

In a list of orders from the justices’ private conference last week, the court also declined to take up the case of a Vietnam veteran whose execution is scheduled for Wednesday in Mississippi. The Supreme Court will hear argument in the fall in the case of Damon Landor , who is a devout Rastafarian.

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Above The Law

APRIL 7, 2025

(Photo by Samuel Corum/Getty Images) Supreme Court Justice Amy Coney Barrett, once celebrated as a stalwart conservative and a crowning achievement of the Trump presidency, now finds herself under fire from the very base that championed her confirmation. Her recent vote in Department of State v. Lets unpack the data.

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SCOTUSBlog

APRIL 17, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. First, as I pledged in my last post , I am only too happy to eat crow after predicting that the court would not take one-time relist Villarreal v. A short explanation of relists is available here. She alleges that U.S.

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SCOTUSBlog

MAY 29, 2025

The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is making good progress in sorting through the current relists. The court is now holding a second relisted petition raising a similar issue, Elliott v. This week it disposed of four.

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SCOTUSBlog

MARCH 20, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is hitting its stride in sorting through the relists. The court also agreed to take up a twice-relisted challenge to Colorados ban on conversion therapy.

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The Volokh Conspiracy

JUNE 24, 2025

The legacy of the Supreme Court's Kelo eminent domain decision two decades on. Through a series of New Jersey Supreme Court decisions and state legislation stretching back decades, Garden State municipalities are required to periodically produce plans and update their land use laws to meet state-set affordable housing goals.

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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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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. EL Paso County , which examined Fourth Amendment protections in the context of abusive strip searches, and Texas v.

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The Volokh Conspiracy

JUNE 11, 2025

marshals accosted McCarthy in the front yard of her Phoenix home, insisting that she was Rozak, who was wanted on a warrant for failing to comply with parole conditions after she was released from a Texas prison in 1999. District Court for the District of Arizona. Yet in March 2024, half a dozen U.S. McCarthy is a U.S.

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Above The Law

MARCH 7, 2025

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. One clear distinction is in their total engagement at oral argument.

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Above The Law

MAY 27, 2025

Highlights from Last Week – Top Fifteen Headlines #1 Blake Lively, Justin Baldoni and the Court of Public Opinion. Under the American Bar Associations Model Rule 3.6 , lawyers are obliged to refrain from out-of-court public statements that are likely to have a substantial likelihood of materially prejudicing an adjudicative proceeding.

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JonathanTurley

MAY 11, 2025

.” The comments seemed to be spurring the left to action as she did earlier with law students when she turned to the court decision not to intervene in the Texas abortion case. Sotomayor wrote a heated dissent in Whole Woman’s Health v.

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JURIST

APRIL 17, 2025

A federal judge in Texas vacated a Consumer Financial Protection Bureau (CFPB) regulation on Tuesday. The ruling by Judge Mark Pittman, a federal district court judge for the Northern District of Texas, removes many previous caps from credit card late fees.

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SCOTUSBlog

APRIL 24, 2025

Each weekday, we select a short list of news articles and commentary related to the Supreme Court.

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The Volokh Conspiracy

JUNE 11, 2025

Supreme Court Justice William Brennan in 1989, "it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." That came from his opinion in Texas v. Some lawmakers weren't happy with the Court's decision, so Congress passed the Flag Protection Act of 1989.

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The Volokh Conspiracy

JUNE 17, 2025

A key portion of the article summarizes a preliminary analysis of Justice Barrett's voting record over her first three-and-a-half terms on the Court. As longtime readers know, I believe Court watchers place too much weight on individual terms, none of which (in isolation) is ever representative of the Court's overall work.

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The Volokh Conspiracy

JULY 15, 2025

High housing costs have encouraged lots of more moderate and conservative middle-class voters to move to Florida and Texas. Katie Hobbs' opposition to zoning reform in that state or Texas Democrats' concerted (ultimately unsuccessful) efforts to kill zoning reform in that state's Legislature this year. See Arizona Democratic Gov.

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JURIST

SEPTEMBER 6, 2023

A Texas federal district judge issued a preliminary injunction on Wednesday that ordered Texas to move its floating barrier from the Rio Grande’s main waters to the riverbank. ” Thus, Ezra concluded that the US demonstrated a “substantial likelihood of success” that Texas violated the act. .”

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JURIST

JUNE 22, 2024

The US Court of Appeal for the Fifth Circuit blocked an appeal Friday from Texas gun owners and state Attorney General Ken Paxton seeking judicial approval of a Texas gun law that exempts the state from federal firearm silencer regulations.

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JURIST

JULY 21, 2021

The Ninth Circuit Court of Appeals affirmed a lower court decision on Monday rejecting an environmental challenge to the Deferred Action for Childhood Arrivals (DACA) program. The ruling comes just days after a district court in Texas found that the entire DACA program was unlawful.

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Above The Law

SEPTEMBER 11, 2022

District Court for the Northern District of Texas says one way that preventive services are selected for the no-cost coverage is unconstitutional. A key part of the ruling by Judge Reed O’Connor of the U.S.

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JURIST

MARCH 31, 2021

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall.

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Patently O

JUNE 17, 2022

The ability to “judge shop” is the primary reason patentees once flocked to the Marshall Division of the Eastern District of Texas to file their infringement suits and are now flocking to the Waco Division of the Western District of Texas, where they’re guaranteed to have their case assigned to Judge Alan Albright.

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HowAppealing

DECEMBER 1, 2021

Abbott’s ban on school mask mandates back in effect after Appeals Court decision; U.S. Court of Appeals for the Fifth Circuit at this link. 5th Circuit judges halted an injunction on the mask mandate ban”: Emily Donaldson and Talia Richman of The Dallas Morning News have this report.

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JURIST

SEPTEMBER 16, 2021

Parents Advocating for Safe Schools (PASS), an association of Minnesota parents, filed suit against the state of Minnesota and Governor Timothy Walz, asking the court to order Walz to impose a statewide mask requirement for all public schools. Pass also asked the court to issue a temporary restraining order compelling Walz to require masks.

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HowAppealing

FEBRUARY 9, 2023

“Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns; Advocates for domestic violence victims were stunned by the 5th U.S.

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