Constitutional Law Reporter

DECEMBER 16, 2022

David Dubin was the managing partner of PARTS, a psychology practice in Texas. United States is whether identity theft occurs anytime a person uses someone else’s name in the commission of a crime. Facts of the Case. In April 2013, a treatment facility in San Antonio asked PARTS to evaluate a child known as Patient L.

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Healthcare Court Felony Statute 52

JURIST

JANUARY 26, 2024

Texas Governor Greg Abbott issued a statement asserting Texas’ constitutional right to self-defense on Wednesday as tensions with the Biden administration over security along the US southern border escalated. “ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants.

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SCOTUSBlog

JULY 22, 2022

This week, we highlight cert petitions that ask the court to consider, among other things, whether the government is correct that a federal identity-theft statute broadly applies to anyone who merely says or writes someone else’s name while committing a crime, or instead requires intentional misrepresentation of identity.

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Healthcare Government Immigration Criminal Law 90

SCOTUSBlog

JUNE 29, 2023

A state court in Texas entered a restraining order against the defendant in the case, Zackey Rahimi, in early 2020. 1252(a)(2)(D) bars review of an asserted question of law where a noncitizen has challenged the Board of Immigration Appeals’ interpretation of the statutory extreme hardship standard found at 8 U.S.C.

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Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. In United States v. 1231(a)(2) ).

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Constitutional Law Reporter

DECEMBER 19, 2022

Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v. 1226(c) or 8 U.S.C.

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SCOTUSBlog

NOVEMBER 17, 2023

Natural Resources Defense Council , in which the court held that when a federal statute is ambiguous, courts should defer to an agency’s interpretation of that law as long as it is reasonable. Texas (Jan. But at the arguments on Jan. Here’s the full list of cases scheduled for argument in the January argument session: Campos-Chavez v.

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SCOTUSBlog

APRIL 19, 2024

Texas , involving alleged sex discrimination in juror selection (over the dissent of Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson); six-time relist McKesson v. A federal district judge in Texas invalidated the rule and entered a national injunction against it. The court denied review of nine-time relist Compton v.

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JonathanTurley

NOVEMBER 15, 2022

Now, federal Judge Michael Truncale (left) has issued a preliminary injunction in the Eastern District of Texas to stop the prosecution of the company. I previously wrote a column opposing calls by GOP members for a federal investigation of Netflix and the movie “Cuties” (or Mignonnes). 3d 874, 880 (5th Cir. 2018) (quoting Younger, 401 U.S.

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JURIST

DECEMBER 19, 2023

Texas Governor Greg Abbott signed a bill into law Monday that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is normally a federal matter. The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses.

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JURIST

MAY 9, 2024

Civil rights groups filed a complaint on Thursday against Iowa state officials to stop the state’s recently enacted immigration law from going into effect on July 1. The law makes it a crime for a foreign national to enter Iowa after having been deported from the US in the past, regardless of current immigration status.

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SCOTUSBlog

JUNE 16, 2022

The act also specifies that it should not be construed to limit the rights and remedies students have under the federal constitution and various anti-discrimination statutes, so long as would be-plaintiffs exhaust the IDEA’s administrative procedures if their non-IDEA suit “seek[s] relief that is also available under [the IDEA].”.

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SCOTUSBlog

NOVEMBER 29, 2022

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Texas and Louisiana went to federal court in Texas to challenge the policy. Judd Stone, solicitor general of Texas, argues for the state.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic.

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JURIST

OCTOBER 2, 2023

Texas ; Corner Post, Inc. Board of Governors of the Federal Reserve System , which deals with when the legally mandated six-year statute of limitations on challenging a federal agency action begins to run. Finally, the court has decided to take up the controversial Texas and Florida Netchoice cases: Moody v. Paxton ; Smith v.

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SCOTUSBlog

NOVEMBER 23, 2022

Share Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Texas , set to be argued on Nov. In 2011, John Morton, then the director of Immigration and Customs Enforcement, issued a series of memos setting enforcement priorities. But if nothing else, they set the tone.

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SCOTUSBlog

JUNE 23, 2023

In a major victory for the Biden administration, the Supreme Court on Friday ruled that Texas and Louisiana do not have a legal right, known as standing, to challenge a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Justice Samuel Alito was the lone dissenter.

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SCOTUSBlog

OCTOBER 18, 2021

Texas , the justices will weigh in on a dispute over the application of state standards to tribal gaming operations on Native American land. The case involves a federal law that bars on tribal lands any gaming activities “prohibited by the laws of the State of Texas.” In Ysleta del Sur Pueblo v. citizen when Abdulla was 10 years old.

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ClimateChange-ClimateLaw

MARCH 6, 2018

DHS had waived the requirements of NEPA, the Endangered Species Act, the Coastal Zone Management Act, and other laws pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The two states said the circumstances providing a basis for the stay (i.e.,

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SCOTUSBlog

OCTOBER 18, 2022

The justices will also hear oral arguments in two cases involving federal fraud and bribery statutes, a challenge to the Biden administration’s immigration enforcement decisions, and the government’s authority to dismiss a lawsuit brought under the False Claims Act. Texas (Nov. United States (Nov. United States v. Elenis (Dec.

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SCOTUSBlog

JANUARY 7, 2022

Texas presents the latest stage in the Biden administration’s attempt to unwind the Trump administration’s “remain in Mexico” policy. immigration court. Texas abortion law. Court of Appeals for the 5th Circuit to send their challenge to Texas’ restrictive anti-abortion law back to U.S. Remain in Mexico” policy.

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Laws Immigration Court Legal 128

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. First, the Supreme Court concluded that the statute requiring Commission approval of affiliated-interest agreement did not require environmental review. Maui and Honolulu oppose the extension request. County of Maui v.

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JonathanTurley

JUNE 11, 2021

Below is my column in The Hill on the recent decisions of Attorney General Merrick Garland to support the prior positions taken by his predecessor, William Barr, on issues ranging from the Lafayette Park protests to immigration to withholding information related to the Mueller investigation.

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SCOTUSBlog

OCTOBER 7, 2022

Last term, the court dismissed as improvidently granted, or “DIG”ed , a case brought by Republican-controlled states challenging the government’s repeal of a Trump-era immigration policy known as the “public charge” rule. In Texas v. A list of this week’s featured petitions is below: Texas v. Cook County, Illinois.

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Immigration Litigation Litigating Administrative Law 89

Patently O

MARCH 17, 2024

More recently, Republican state attorneys general have filed numerous challenges to federal government actions on matters such as abortion , gun control , and immigration in single-judge divisions in Texas. Basically: the sorts of politically charged cases that Republicans have been filing in Texas since President Biden took office.

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Statute Government Court Litigation 85

JURIST

DECEMBER 14, 2021

The US Court of Appeals for the Fifth Circuit Monday denied the Biden administration’s appeal to terminate the Trump-era Migration Protection Protocols (MPP), affirming a Texas district court’s decision that would require the administration to leave the MPP intact.

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SCOTUSBlog

OCTOBER 5, 2021

Texas , involving whether certain Native American tribes’ gaming operations are subject to Texas regulations. Texas , 20-493. Texas (Ysleta I) correctly subjects the Pueblo to all Texas gaming regulations. Tata Consultancy Services Ltd. Ysleta del Sur Pueblo v. relisted after the Sept. 27 conference). Boardman v.

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Punitive Damages Compensatory Damages Court Statute 55

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

General Land Office of the State of Texas v. The Immigration and Protection Tribunal denied his claim in a decision affirmed by the New Zealand High Court and the Supreme Court of New Zealand. Department of the Interior , No. 19-50178 (5th Cir. City of Oakland v.

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SCOTUSBlog

JUNE 30, 2022

Share The Supreme Court on Thursday handed the Biden administration a major victory, giving it the green light to end one of the Trump administration’s signature immigration programs: the controversial “remain in Mexico” policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. immigration court.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Ninth Circuit Affirmed Rejection of NEPA Challenges to Immigration Policies. The plaintiffs—identified as environmentalists, environmental groups, natural resource conservation groups, and cattle ranchers—alleged, among other things, that the immigration actions resulted in increased greenhouse gas emissions. Biden , No.

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SCOTUSBlog

NOVEMBER 30, 2021

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. Texas Right to Life describes Roe and Casey as “lawless and unconstitutional interventions into state abortion policy.” Against stare decisis.

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JonathanTurley

JUNE 21, 2021

Across the country, trial courts have been finding constitutional violations by the Biden administration in areas ranging from immigration to the environment to pandemic relief. Biden also lost a critical immigration fight when a federal court enjoined his 100-day moratorium on deportations.

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Court Immigration Statute Laws 45

JonathanTurley

SEPTEMBER 17, 2021

Whether it is the circumvention of Congress or launching unilateral wars, presidents dance to their own tune to the gleeful applause of their supporters. Take the series of losses recently by the Biden Administration in areas like immigration. It should sound familiar.

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Court Immigration Laws Legal 37

ClimateChange-ClimateLaw

OCTOBER 19, 2023

Agency rulemaking across the federal government – from fiduciary duties and antitrust enforcement , to telecommunications and the authority of the FDA , to immigration policy and nuclear waste storage, among many other issues – has been challenged as unlawful under the principles of the MQD. Circuit, Texas v. In a case before the D.C.

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SCOTUSBlog

APRIL 26, 2022

Share The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies. Texas Solicitor General Judd Stone II argues for the state. During nearly two hours of oral argument in Biden v.

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The Crime Report

OCTOBER 22, 2021

Mounted Border Patrol at Texas border, September 2021. The Border Patrol is itself inhumane, and the administration is using it to enforce a 1944 public health services statute called Title 42 in order to block legitimate access to asylum. Haitian migrants at Texas border, September 2021. Still photo via KHOU-TV11.

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SCOTUSBlog

JANUARY 21, 2021

Under the Immigration and Nationality Act , immigrants can be denied green cards if, “in the opinion of” the secretary of the Department of Homeland Security, the person is “likely at any time to become a public charge.” (relisted after the Jan. Department of Homeland Security v. New York , 20-449 , and Wolf v. 15 conference).

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