SCOTUSBlog

MAY 27, 2022

Following an explosion at a coal mine in West Virginia that killed 29 miners, federal prosecutors charged Don Blankenship, then the CEO of the company that owned and operated the mine, with willfully violating safety regulations. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C.

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SCOTUSBlog

APRIL 26, 2024

One of those four involves an issue on which the court already is considering 11 other relisted cases: whether the Sixth and 14th Amendments require the use of a 12-person jury to try defendants accused of felonies, rather than the six-person jury Florida affords for many such offenses. We’ll know more soon. Until next time! 12 and Apr.

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SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” filed June 5, 2017; emergency motion for stay granted July 3, 2017). DECISIONS AND SETTLEMENTS.

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. United States (involving the prosecution of the former Virginia governor), Kelly v. This week’s installment will be brief, because there’s only one newly relisted case: Dubin v. United States. Think McDonnell v.

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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. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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SCOTUSBlog

MARCH 28, 2022

The Georgia House responded by passing a bill providing that anyone seeking to enforce Chisholm would be “guilty of a felony and shall suffer death, without benefit of clergy, by being hanged.”). In 2006, in Central Virginia Community College v. Chisholm was, not surprisingly, unpopular with the states.

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SCOTUSBlog

APRIL 19, 2024

All raise the same question: whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when a criminal defendant is charged with a felony. Certain statutes permit the payment of “a reasonable attorney’s fee” to “the prevailing party” in litigation: 42 U.S.C.

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The Crime Report

JANUARY 6, 2023

With the decriminalization of jaywalking in Nevada , Virginia and now California — the “ Freedom to Walk ” Act will take effect in Los Angeles in the new year — it appears that people understand this when it comes to jaywalking, but not when it comes to immigration. . When someone ‘jaywalks’ from the Mexican side of the border to the U.S.

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SCOTUSBlog

MAY 31, 2024

And the court denied review to a group of 13 much-relisted cases that raised the question whether felony defendants have a constitutional right to a 12-person jury rather than just a six-person one. Justice Neil Gorsuch filed an opinion dissenting from the denial of cert , arguing that the court’s 1970 decision in Williams v. Kentucky ex rel.

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JonathanTurley

NOVEMBER 21, 2020

.” This ridiculous legal claims is based on the bribery theory: The danger for Shirkey and Chatfield, then, is that they are being visibly invited to a meeting where the likely agenda involves the felony of attempting to bribe a public official. McNally, 483 U. This Court declined to go along.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

West Virginia 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. The court dismissed the proceedings 11 days after the effective date of the U.S.

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ClimateChange-ClimateLaw

MARCH 6, 2018

West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies. A West Virginia state court notified counsel that it would dismiss the lawsuit brought by coal executive Robert E. Jacobson v. Clack , No. 2017 CA 006685 B (D.C. notice of dismissal and statement Feb.

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SCOTUSBlog

MAY 24, 2024

Finally, there is a lengthy list of particular models that fall within the scope of the statute, notably all “AK” weapons (modeled after the Russian AK-47) and all “AR” weapons (those modeled after the AR-15). 22 caliber rimfire ammunition). In a consolidated appeal, a divided panel of the U.S. rescheduled before the Mar. Kentucky ex rel.

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