ClimateChange-ClimateLaw

DECEMBER 11, 2020

Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. The federal district court for the Northern District of Oklahoma denied non-federal defendants’ motion to dismiss a landowner’s lawsuit claiming that the U.S. Optimus Steel, LLC v. Army Corps of Engineers , No. 19-1230 (D.C.

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JURIST

MAY 9, 2024

In the complaint filed with the District Court of Southern Iowa, the groups claim that Iowa has exceeded its power by intruding on areas of law reserved to the federal government. They first argue that the federal government has exclusive power to regulate immigration and that Iowa’s law conflicts with federal immigration statutes.

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SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

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SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Last up: Looks like Oklahoma will have to update its environmental impact statement for its blizzard of petitions seeking to overrule the Supreme Court’s decision in McGirt v.

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SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” The government seeks review in Cargill , which it says provides the best vehicle of the three. In Cargill , the en banc U.S. relisted after the Oct. relisted after the Sept.

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SCOTUSBlog

OCTOBER 5, 2023

Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. du Pont de Nemours & Co.

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SCOTUSBlog

NOVEMBER 15, 2023

It presents the question whether, in prosecuting a woman accused of smuggling drugs into the United States, the government can introduce expert testimony that most couriers know they are carrying drugs and that drug-trafficking organizations do not typically entrust large quantities of drugs to unwitting transporters. United States.

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SCOTUSBlog

NOVEMBER 2, 2022

After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Claiming rights to water from the Colorado River itself, the Navajo Nation sued the federal government. Hetronic International, Inc. trademarks.

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SCOTUSBlog

AUGUST 20, 2021

Oklahoma , a confrontation clause question involving statements about possible future crimes, and a split over the scope of who is covered by the qualified immunity doctrine. Oklahoma that the eastern half of Oklahoma (nearly 43% of the state) qualifies as “Indian country” for the purposes of the Major Crimes Act.

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JURIST

SEPTEMBER 11, 2021

The DOJ also said that the law regulates areas that are preempted by federal government authority because of the impact this ban will have on interstate commerce. One clinic in Oklahoma said “the numbers of calls it received from Texans increased from approximately three to five calls per day to between fifty and fifty-five.”

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SCOTUSBlog

APRIL 16, 2021

Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. Though Alaska became part of the United States in 1867, the federal government only fitfully devoted attention to the status of the new territory’s Indigenous peoples.

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SCOTUSBlog

MARCH 20, 2023

The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. A jury in Oklahoma City awarded Hetronic more than $90 million. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple.

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SCOTUSBlog

JANUARY 23, 2024

Until 2020, the industry was governed primarily by the states, which employed a patchwork of varying regulations. No longer the only horseracing regulators in town, a group of states, led by Oklahoma, and their racing commissions went to federal court in Kentucky. Evaluating the newly amended law in Oklahoma’s appeal, the U.S.

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SCOTUSBlog

JUNE 16, 2022

Although almost all Native American tribes in the United States operate under a trust relationship with the federal government, those two tribes were in a trust relationship with Texas from 1968 to 1987. Although Gorsuch describes the case as clinched, he goes further to emphasize two other statutes contemporaneous with the Restoration Act.

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JURIST

JUNE 30, 2024

The court reasoned that since SB 14 does not violate a constitutionally protected interest, it can be found unconstitutional only if it is not rationally related to a legitimate government interest. The post Texas Supreme Court upholds ban on gender-affirming care for minors appeared first on JURIST - News.

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The Crime Report

SEPTEMBER 2, 2022

The state of Oklahoma put James Coddington to death on Aug. It marks the beginning of a busy period at the Oklahoma State Penitentiary’s execution chamber. Photo courtesy Oklahoma Dept. Today, fewer jurisdictions are using the death penalty, but some – like Oklahoma – seem to be doubling down. James Coddingon.

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JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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SCOTUSBlog

OCTOBER 10, 2024

At issue in Oklahoma v. Judge Julius Richardson concurred in the judgment, asking the Supreme Court to clarify the legal tests governing the inquiry. Brenda Evers Andrew was convicted in Oklahoma state court of conspiring with her boyfriend, James Pavatt, to murder her estranged husband, Robert Andrew. New Relists Oklahoma v.

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SCOTUSBlog

JANUARY 12, 2022

Oklahoma cases as a single case — that I have to be extremely summary. Oklahoma that Congress had not clearly disestablished a Creek Nation reservation covering much of eastern Oklahoma, and thus the area remained Native American territory for the purposes of a federal criminal law, eliminating the state’s ability to prosecute crimes there.

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SCOTUSBlog

JUNE 6, 2024

Oklahoma ,” which is now being briefed for argument in the fall. Now before the Supreme Court a second time, Escobar argues first that his case “presents the same question as Glossip v. 26 and May 9 conferences; relisted after the May 16, May 23 and May 30 conferences) Jane Doe 1 v. Kentucky ex rel.

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The Crime Report

JUNE 27, 2022

State governments are already responding to the Dobbs decision with new regulations banning abortion or working to reinforce protections for people seeking abortions in their states across state lines. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. South Dakota.

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SCOTUSBlog

APRIL 28, 2025

The Oklahoma charter school board that approved the Catholic schools application tells the justices that a state supreme court ruling invalidating its contract with the school violates the Constitution and harms lower-income families. The state supreme court granted that request. It concluded that St. It concluded that St.

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SCOTUSBlog

JANUARY 23, 2025

The states also allege that suits involving the interstate effects of pollution are exclusively governed by federal common law and belong in federal court to avoid the risk of inconsistent judgments. Relisted after the Dec. 10 and Jan. 17 conferences.) Apache Stronghold v. Relisted after the Jan. 10 and Jan. 17 conferences.)

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SCOTUSBlog

JUNE 30, 2022

This minimal test requires government action to have a legitimate purpose and the law in question to be rationally related to that purpose. People from states with restrictive regimes, like Oklahoma , already are traveling to states that protect access. Hellerstedt. Some states, like California, pay for low-income patients’ care.

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SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. The 5th Circuit also affirmed a preliminary injunction forbidding the government from enforcing the vaccination requirement against any federal employee nationwide. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. Two days earlier, the U.S.

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ClimateChange-ClimateLaw

OCTOBER 25, 2024

The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions.

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SCOTUSBlog

JANUARY 14, 2022

Yellen addresses the Constitution’s allocation of taxing authority between the federal and state governments. McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. New York v. In Cooper Tire & Rubber Company v.

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JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia.

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SCOTUSBlog

JANUARY 16, 2025

Until 2020, the horse-racing industry was governed primarily by the states, resulting in a patchwork of differing regulations. That is the same framework, the authority noted, that has governed the relationship between the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) for 85 years.

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Above The Law

APRIL 7, 2025

Together, these cases deal with balancing government authority, economic activity, and individual rights. Her statement that pleas of administrative inconvenience never justify departing from the statutes clear text signals a shift away from deferring to agencies when they claim procedural efficiency or practical necessity.

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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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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). The government denies that there’s any such split. 22 caliber rimfire ammunition). We’ll know more soon. Until next time!

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SCOTUSBlog

JANUARY 10, 2025

If the justices decide to take up any of these cases, the government will presumably be represented in its briefs and at oral argument at the Supreme Court by Trumps pick for solicitor general, John Sauer. Student-loan forgiveness Another 5th Circuit ruling led to the governments petition in Department of Education v. Oklahoma v.

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SCOTUSBlog

OCTOBER 5, 2021

Court of Appeals for the 8th Circuit erred in concluding that the Eighth and Fifth Amendments permit the government to execute the petitioner, Wesley Coonce ? City of Tahlequah, Oklahoma v. Issues : (1) Whether, because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, the U.S.

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SCOTUSBlog

OCTOBER 4, 2021

The justices invited Acting Solicitor General Brian Fletcher to file briefs expressing the federal government’s views in three cases. Intratek Computer , the government will weigh in on the effect of a federal whistleblower statute on an arbitration agreement between an employer and its employee. In Robertson v.

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