SCOTUS Says Takings Plaintiff Must Proceed Under State Law
Constitutional Law Professor Blog
by Steven D. Schwinn
2d ago
The Supreme Court ruled today that property owners should pursue their claims under the Takings Clause through a cause of action available under state law. The Court declined to say whether the Takings Clause contains its own cause of action ..read more
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SCOTUS To Test Limits of Federal Anti-Bribery Statute
Constitutional Law Professor Blog
by Steven D. Schwinn
2d ago
The Supreme Court will hear arguments today in Snyder v. United States, the case testing whether the federal anti-bribery statute criminalizes only quid pro quo bribery, or also after-the-fact "gratuities." Here's my argument preview, from the ABA Preview of United ..read more
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SCOTUS to Hear Challenge to Mifepristone on Tuesday
Constitutional Law Professor Blog
by Steven D. Schwinn
3w ago
The Supreme Court will hear oral arguments on Tuesday in the case challenging FDA's approval of mifepristone, part of a two-drug regimen approved to terminate a pregnancy. Here's my argument preview, from the ABA Preview of United States Supreme Court ..read more
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Sixth Circuit Says Certain Religious Objectors Have Standing to Challenge Vaccine Mandate
Constitutional Law Professor Blog
by Steven D. Schwinn
1M ago
The Sixth Circuit ruled that two religious objectors to a Cleveland, Ohio, hospital's COVID-19 vaccine mandate had standing to sue the hospital for a violation of Title VII, while dozens of other objectors didn't. The difference turned on whether each ..read more
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Sixth Circuit Rejects Medical Resident's Due Process Claim
Constitutional Law Professor Blog
by Steven D. Schwinn
1M ago
The Sixth Circuit rejected a procedural due process claim by a medical resident at a public medical school after the school dismissed the resident for unprofessional behavior. Consistent with other courts that have considered the issue, the court ruled that ..read more
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D.C. District Says Voters Lack Standing to Challenge Noncitizen Voting
Constitutional Law Professor Blog
by Steven D. Schwinn
1M ago
Judge Amy Berman Jackson (D.D.C.) ruled today that a group of voters in D.C. lacked standing to challenge a D.C. law that allows noncitizens to vote in local, but not national, elections. The court said that plaintiffs lacked a particularized ..read more
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Trump Argues for Absolute Immunity in SCOTUS Case
Constitutional Law Professor Blog
by Steven D. Schwinn
1M ago
Former President Donald Trump filed his brief yesterday in his immunity claim in the January 6 criminal case now before the Supreme Court. As expected, he argued for absolute immunity for a former president from criminal liability for acts within ..read more
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Court Hears Arguments in First Amendment Retaliatory Arrest Case
Constitutional Law Professor Blog
by Steven D. Schwinn
1M ago
The Supreme Court hears oral arguments today in a case testing whether a local public official was arrested in retaliation for her free speech. Here's my argument preview, from the ABA Preview of United States Supreme Court cases, with permission ..read more
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Fifth Circuit Halts S.B. 4, for now
Constitutional Law Professor Blog
by Steven D. Schwinn
1M ago
The Fifth Circuit lifted its earlier administrative stay, allowing Texas's S.B. 4 to go into effect, at least for now. The move came shortly after the Supreme Court allowed the administrative stay to remain in place, thus allowing Texas to ..read more
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Court Says No-Fly-List Case is Not Moot
Constitutional Law Professor Blog
by Steven D. Schwinn
1M ago
The Supreme Court ruled today that a plaintiff's challenge to his inclusion on the N0-Fly List was not moot even after the government removed him from the List, because the government didn't adequately establish that it wouldn't re-list him in ..read more
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