The ruling is a win for plaintiffs, insofar as it didn't disturb the Court's approach to individual lawsuits to enforce rights in conditioned-spending programs. About Constitutional Law. The plaintiffs argue that under the Anti-Deficiency Act, "the President does not have authority to suspend or cancel any laws or any programs that are, in fact, funded by Congress." | Comments (0). | Comments (0). According to the letter, the Necessary and Proper Clause doesn't provide Congress with authority to impose an ethics code, because Congress doesn't have the underlying power to impose a code. The Court parsed the phrase "waive or modify" and concluded that the plan far exceeded anything that the phrase could support. The Court said that the CWA (even its use of "adjacent") didn't provide this clear authority. The ruling doesn't address whether programs at the military academies violate equal protection. The Court didn't define "speech," however, at least not with any precision. e. causing a certification to be submitted to the FBI and grand jury falsely representing that all documents called for by the grand jury subpoena had been produced--while knowing that, in fact, not all such documents had been produced. Circuit and U.S. Supreme Court Justice Thurgood Marshall. The Court, in an 8-1 ruling by Justice Barrett, reversed. | Comments (0). Turley, Jonathan | GW Law | The George Washington University That comes with some risk, of course: the Court (which is both a highly interested player and umpire in this separation-of-powers dispute) seems likely to side with Crow, based on its signals. Josh Blackman Under that framework, from Thornburg v. Gingles, a plaintiff must first satisfy three preconditions: (1) that the "minority group must be sufficiently large and [geographically] compact to constitute a majority in a reasonably configured district"; (2) that "the minority group must be able to show that it is politically cohesive"; and (3) that "the minority must be able to demonstrate that the white majority votes sufficiently as a bloc to enable it . Constitutional Law Professor Jack M. Balkin Yale Law School Syllabus Unless otherwise noted, all page references are to drafts of chapters from Levinson, Balkin, Amar, Siegel and Rodriguez, Processes of Constitutional Decisionmaking (8th ed. . The book also provides a critical introduction to the case, recounting the story of the gay rights litigation that led to. . Christopher T. Bavitz WilmerHale Clinical Professor of Law Lucian A. Bebchuk James Barr Ames Professor of Law, Economics, and Finance Yochai Benkler Jack N. and Lillian R. Berkman Professor for Entrepreneurial Legal Studies Sharon Block Professor of Practice Gabriella Blum Rita E. Hauser Professor of Human Rights and Humanitarian Law Nikolas Bowie The home argued in response that Talevski couldn't sue (under 42 U.S.C. For one, the Court flatly rejected the strong version of ISL--that state legislatures have plenary power to set state election law for federal elections, without review by state courts and not subject to state constitutional requirements. The essays below were written by students to help you with your own studies. President Biden announced short-term relief in the interim. Counterman was convicted under a Colorado stalking statute. . Constitutional Law Criminal Law and Procedure Phone 202.662.9102 Email seidman@law.georgetown.edu Assistant Melanie Hudgens Office McDonough Hall 580 After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. The case, Allen v. Milligan, tested Alabama's congressional map. In short, we don't know exactly how far this ruling extends--to what kinds of objections based on what kinds of characteristics, and what constitutes "speech.". May 23, 2023 in Congressional Authority, Courts and Judging, News, Separation of Powers | Permalink Not quite. The case, Mallory v. Norfolk Southern, arose when a former railroad worker sued the railroad under the Federal Employers' Liability Act in Pennsylvania state court. The court said that enforcement is not part of "disciplining" (which would have allowed the federal government to enforce even against not-called-up guard members), because "disciplining" at the founding meant educating and instructing, not enforcing or punishing. The court held that only the states, and not the federal government, could enforce the vaccine mandate against not-called-up guard members, because enforcement is part of "governing." Justice Kavanaugh concurred, arguing that the ruling "is consistent with and follows from the Court's equal protection precedents . The Court went on to apply that precedent and say that the FNHRA unambiguously conferred individual rights, and that nothing in the statute precluded private enforcement of those rights. For another, to the extent that former President Trump's team relied on the strong version ISL to overturn the electoral results in several states in the 2020 presidential election (it was central to that effort), and to the extent that the Court's approach to ISL is the same under the Elections Clause and the Electors Clause (they appear to be exactly the same), the Court closed the door to these kinds of shenanigans in future presidential elections. May 25, 2023 in Cases and Case Materials, News, Opinion Analysis, Takings Clause | Permalink The D.C. May 26, 2023 in Congressional Authority, News, Separation of Powers | Permalink For reckless defendants have done more than make a bad mistake. The Court noted in footnote four that the ruling doesn't necessarily apply to the U.S. military academies--that they have "distinct interests" that might set them apart. Four justices disagreed and argued that the CWA authorized EPA to regulate wetlands that were connected to waters of the United States, even if that connection wasn't on the surface. Jack M. Balkin - Yale Law School Justice Alito argued that under Gingles race cannot predominate in a plaintiff's illustrative maps. Under the Securities and Exchange Act, FINRA enforcement actions are subject to internal review and appeal, and de novo appeal to the SEC. Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. The justices hotly disputed whether a plaintiff's illustrative maps can consider race at all, if so how much, and whether the plaintiffs' maps in this case considered race too much. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States' Attorney's . But this isn't just any minority, and it's not just any agency material. The arguments against FINRA play on familiar separation-of-powers themes that the Supreme Court has developed and used in recent Terms to limit the power of administrative agencies. TRUMP also said, "as president I could have declassified it," and, "Now I can't, you know, but this is still a secret.". . Here are 40 Best Constitutional Law Blogs you should follow in 2023 1. He teaches federal courts and constitutional law I and II. Michael C. Dorf is an American law professor and a scholar of U.S. constitutional law.He is the Robert S. Stevens Professor of Law at Cornell Law School.In addition to constitutional law, Professor Dorf has taught courses in civil procedure and federal courts.He has written or edited three books, including No Litmus Test: Law Versus Politics in the Twenty-First Century, and Constitutional Law . . '", Justice Thomas dissented on mootness (joined by Justices Alito and Gorsuch) and on the merits (joined only by Justice Gorsuch). Congress has failed to fully fund DHS enforcement efforts for 27 years, and five presidential administrations have had to make similar enforcement decisions, one way or another. But at the same time, state court review itself is subject to federal court review if the state court goes too far out of line. But that wasn't at issue in the case.) ", The Court said that EPA needs "clear [statutory] language" if it seeks "to significantly alter the balance between federal and state power and the power of the Government over private property." The principal cleavage involved whether and how race could play a role in a plaintiff's "illustrative" maps. explains how Americas constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. . in 1984 from Yale Law School, where he served as an editor of The . Justice Barrett dissented, joined by Justice Thomas, arguing that the Court's reckless standard "unjustifiably grants true threats preferential treatment" under the First Amendment. The ruling is surprising and significant, given that the Court has sharply curtailed other portions of the VRA in recent Terms. But it seems to engage only with the first part of the Clause. The case, 303 Creative v. Elenis, tested whether Colorado's anti-discrimination law (which prohibits discrimination by public accommodations because of sexual orientation, among other characteristics) impermissibly compelled Smith, who sought to provide custom wedding websites for customers, to create websites for same-sex couples. My book devotes three chapters to substantiating with abundant case law evidence the thesis set forth by, among many others, Professor David Strauss and Dean Erwin Chemerinsky, that constitutional law is mostly the aggregate of the Justices' value preferences. That's because after the state supreme court ruled, the NLRB general counsel filed an unfair labor practices complaint with the NLRB on behalf of Glacier's employees. (They didn't sue in federal court or raise a federal claim, because the Supreme Court ruled in Rucho v. Common Cause that partisan gerrymandering claims under the federal Constitution are nonjusticiable "political questions.") The court in Doe v. Ladapo held that the ban likely violated equal protection and the right to parent. June 8, 2023 in Cases and Case Materials, Congressional Authority, Federalism, News, Opinion Analysis, Spending Clause | Permalink 416-946-7829. yasmin.dawood@utoronto.ca. Help support LPBN Blog by making purchases through Amazon links on this site at no cost to you. The district court rejected all but the First Amendment claim on the ground that FINRA's not a state actor. Importantly, the Court rejected the government's argument that the major questions doctrine applied only to government regulatory programs, not government benefit programs. May 23, 2023 in Cases and Case Materials, Congressional Authority, Executive Authority, News, Separation of Powers | Permalink Secretary Mayorkas issued the priorities in order to deal with a chronic lack of resources to fully enforce immigration law against an estimated 11 million unauthorized noncitizens. ", June 27, 2023 in Cases and Case Materials, Elections and Voting, Federalism, News, Opinion Analysis, Political Question Doctrine | Permalink The Supreme Court ruled today that a plaintiff can sue an out-of-state corporation in a state where the corporation registered as a foreign corporation and agreed to appear in the state courts on "any cause of action" against it. June 27, 2023 in Cases and Case Materials, First Amendment, News, Opinion Analysis, Speech | Permalink Akhil Reed Amar is currently Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. That is: the Court said that the plan's illegal. The Supreme Court ruled last week that the National Labor Relations Act didn't preempt an employer's state lawsuit against a union for damages resulting from a strike. 1983) to enforce provisions of the FNHRA, because Congress enacted the FNHRA under its spending power. As authority for the plan, the Secretary pointed to the HEROES Act. Professor Albert has co-edited or co-authored numerous volumes on the study of constitutionalism, serves as Book Reviews editor for the American Journal of Comparative Law, and is founding co-editor of I-CONnect, the scholarly research blog of the International Journal of Constitutional Law. As to the merits, the Court held that the idea that state courts can review state legislative acts under the state constitution and state laws was hard-wired into our federal constitutional system even before the framing, that state-court judicial review is therefore part of the state's lawmaking authority, and that state-court judicial review is part of "the Legislature" under the Election Clause. Justice Sotomayor wrote a lengthy and scathing dissent, joined by Justices Kagan and Jackson. . Eric J. Segall is the Kathy & Lawrence Ashe Professor of Law at the Georgia State University College of Law. Justice Alito also concurred, joined by Justices Thomas and Gorsuch, arguing that the case was even easier than the majority said, because the employees intentionally damaged Glacier's property. The case, United States v. Texas, arose when DHS Secretary Mayorkas promulgated priorities for enforcement of federal immigration law. | Comments (0). In sum. June 25, 2023 in Cases and Case Materials, Courts and Judging, News, Opinion Analysis, Standing | Permalink Five justices said that EPA could only regulate wetlands that are connected on the surface to "waters of the United States." They have consciously accepted a substantial risk of inflicting serious harm. The case, Maloney v. Murphy, now pits two theories of standing against each other. The plaintiffs, Michael and Chantell Sackett argued that EPA's regulation violated the CWA when EPA ordered them "to restore the Site," including wetlands, after they backfilled their property to build a home. After attending Penn State University in State College, Pennsylvania, and the Antonin Scalia Law School (then George Mason University Law School) in . . The Court held that the lower court properly applied the time-tested framework for assessing redistricting plans under Section 2. But there are some certainties. An Executive agency, on request of the [Committee on Oversight and Reform] of the House of Representatives, or of any seven members thereof, or on request of the Committee on [Homeland Security and] Governmental Affairs of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee. set a May 31 hearing date in the case brought by a public employee union challenging the constitutionality of the Debt Limit Statute. Justice Thomas concurred, joined by Justice Gorsuch, and argued that the Court should reconsider Garmon preemption in an appropriate case. Justice Gorsuch concurred, joined by Justice Thomas, "to emphasize that Title VI of the Civil Rights Act of 1964" also (in addition to the Equal Protection Clause) prohibits the schools' race-based affirmative action programs. GSA declined; the members sued; and GSA argued that the members lacked standing. Given this reality, and given that the Fourteenth Amendment prohibits any person from questioning the validity of the public debt, "the Debt Limit Statute necessarily confers upon the Defendant President the unlawful discretion to cancel, suspend, or refuse to carry out spending approved by Congress, without the consent or approval of Congress as to how the President may do so, in order to pay the bondholders.". Constitutional Law Blogs Thare are several blogs that follow Constitutional issues: SCOTUSblog SCOTUSblog follows the U.S. Supreme Court. But even if that's right--and it's not at all clear that it is--it ignores the second part of the Clause: "The Congress shall have the power . Under that Act, the Secretary "may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs . The Secretary's comprehensive debt cancellation plan cannot fairly be called a waiver--it not only nullifies existing provisions, but augments and expands them dramatically. Professor of Law and Canada Research Chair in Democracy, Constitutionalism, and Electoral Law. Here's why: In advancing past recklessness, we make it harder for a State to substantiate the needed inferences about mens rea (absent, as is usual, direct evidence). | Comments (0). Justice Barrett concurred, arguing that the major questions doctrine squares with textualism ("The doctrine serves as an interpretive tool reflecting 'common sense as to the manner in which Congress is likely to delegate a policy decision of such economic and political magnitude to an administrative agency.'") Information about the Law Professor Blogs Network. In particular, Alpine claimed that FINRA's double-insulation structure impermissibly encroached on executive authority, that FINRA board members are "officers" who haven't been validly appointed, that the Exchange Act improperly delegates lawmaking power to FINRA, that FINRA's proceedings violate due process and the right to a jury, and that forced association with FINRA violates the First Amendment. The title "University Professor" is Harvard's highest academic honor, awarded to fewer than 75 professors in the University's history. He raised a free-speech defense, but the Colorado courts rejected it, applying an objective standard and holding that the statements were objectively threatening. Professor Bastress is an expert on West Virginia constitutional law having published numerous other works on the subject. Constitutional Law Prof Blog - Typepad Both dissents offered a fabulous history lesson on race . Sec. University of Illinois Chicago, Professor of Law & University Distinguished Professor A unanimous Court agreed. The ruling leaves the anti-discrimination law in place, but prohibits enforcement that would compel speech. 317 (2020): This Essaywritten for a symposium hosted by the Wisconsin Law Review on Andrew Coan's splendid new book [Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making (Harvard University Press 2019)]examines the social space. 40 Best Constitutional Law Blogs & News Websites - Feedspot Scholar Cited By Trump Lawyers Says His Work Misrepresented : Trump . [t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." He "would vacate and remand for the District Court to apply the correct understanding of Gingles in the first instance. However broad the meaning of "waive or modify," that language cannot authorize the kind of exhaustive rewriting of the statute that has taken place here. . In short, "The State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening in nature.". Sec. Michael C. Dorf - Wikipedia Constitutional Law Faculty - Yale Law School | Comments (0). Josh Blackman, Author at Reason.com The state supreme court sided with the union, and Glacier took the case to the Court. The complaint in National Association of Government Employees v. Yellin alleges that. As to mootness, the Court held that the case still presented a live controversy, because the state supreme court's most recent ruling didn't change that court's first judgment that halted the state's use of its gerrymandered map. The sharply divided ruling is a victory for property owners and a blow to federal regulatory authority over certain wetlands. Can Minority Members on a Congressional Committee Sue to Get Agency Material? 5 March 2023 "It is a settled and invariable principle," Chief Justice Marshall once wrote, "that every right, when withheld, must have a remedy.". In so ruling, the Court applied Pennsylvania Fire Insurance v. Gold Issue Mining & Miling, a 1917 case that the Pennsylvania courts thought the Supreme Court had implicitly overruled. | Comments (0). Josh Blackman - Wikipedia But the book offers a message of hope: American democracy has weathered these cycles before and will get through them again. Moreover, the Court said that federal law authorized it to hear the case. Yet "the Debt Limit Statute has a retroactive effect and requires a reduction of operations of government approved by Congress, with no legislative direction as to which obligations to cancel. This is a little like you or me seeking to enforce a FOIA request in court: a statute grants us a right to information, an agency declines to provide it, and we can sue. (Everybody agreed that the federal government could punish national guard members who are called up to federal service. Check out Barry Sullivan's (Loyola Chicago) excellent Lessons of the Plague Years, 54 Loyola U. Chi. Faculty in Constitutional Law | University of Toronto Faculty of Law . Numbers are rounded to the nearest ten. June 13, 2023 in Cases and Case Materials, Executive Authority, Federalism, News, Opinion Analysis, War Powers | Permalink "https://secure." All nine agreed that the lower court applied the wrong test. It cannot be mere modification, because it constitutes "effectively the introduction of a whole new regime." According to the firm, the Committee's investigation lacks a legitimate legislative purpose, because ultimately Congress cannot impose an ethics code on the Supreme Court--and therefore can't investigate in order to impose such a code. Josh Blackman. The Supreme Court ruled that Texas and Louisiana lacked standing to challenge the Biden Administration's immigration-enforcement priorities. Besides commentary, the blog also posts argument dates, the Court's calendar, and upcoming petitions. This case goes directly against that trend, and provides a sign that the Court will fully enforce the VRA in the redistricting context--even as it's eviscerated the VRA's preclearance requirement and all but eviscerated the Act's Section 2 protections against other voting procedures.
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