The constitutionality of the Consumer Financial Protection Bureau (CFPB)’s funding mechanism is under scrutiny, with the U.S. justices appearing somewhat divided on the issue during Tuesday’s oral argument. The discussion has teetered on the challenges to Congress’s decision to provide funding for the CFPB through the Federal Reserve, as opposed to the typical annual appropriations…
As legal professionals, we often grapple with the precise interpretations of statutory language. One area of common consternation – the definition of “adverse employment action” and “privileges of employment” under Title VII of the Civil Rights Act. The Fifth Circuit Court of Appeals recently weighed in, shaping the contours of these constitutional debates, and inching…
The United States Supreme Court are leaning away from the radical move of nixing the Consumer Financial Protection Bureau’s (CFPB) funding structure. Notably, the court’s conservative justices seemed disinclined towards arguments stipulating the consumer financial watchdog as unconstitutional. The case holds considerable implications for the financial regulation sector and other legal fields in the U.S….
In an important ruling for bankruptcy law professionals, the Ninth Circuit has clarified that the general constitutional standing standard applies to bankruptcy appeals. This decision deviates from the traditional “person aggrieved” standard, putting a microscope on an often controversial legal area. So, what does this change entail? Traditionally, federal appellate courts have applied a “person…
In the mainstay of Maine’s jurisprudence, the revival of the primacy doctrine has sparked discussion and deliberation amongst legal professionals – a trend that is extensively discussed at the Maine Law Court. The doctrine’s resurgence instructs state courts to conclude on state constitutional issues, independently and precedently to any federal constitutional questions. This revitalization has…
Following the recent passing of Senator Diane Feinstein, the California Governor announced the appointment of Laphonza Butler to complete Senator Feinstein’s term in the U.S. Senate. This event has raised a pertinent question: what is the legal extent of a governor’s authority to appoint a U.S. Senator? The question was addressed by Harvard Law Professor…
The U.S. Supreme Court took several noteworthy actions in early October: it denied an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, declined an examination of New Jersey’s “slogan statutes,” and rejected an appeal from John Eastman, a former clerk to Justice Clarence Thomas, among other actions. The Court’s denials are…
When the Fifth Amendment to the US Constitution is discussed, it is often referred to in the context of criminal procedures. However, an understated aspect of this amendment, the takings clause, provides a crucial constitutional protection for property owners. This comes into effect when the government, for whatever purpose, infringes upon an individual’s property rights….
The US Supreme Court recently made public its orders following its September ‘long conference’. At the conference, the court granted certiorari for 12 cases on Friday and a further two cases on Monday. These cases are set to be argued in the Winter term, either in January or February. All cases put forward in Friday’s…
Recent terror attacks in Pakistan again underline the state’s inability to safeguard its citizens’ constitutional right to life. On September 29th, a day of cultural significance in the country marking the birthday of Prophet Muhammad, a pair of terror attacks tragically shifted the mood from celebration to mourning. Twin bombings at mosques resulted in the…
The Organization of American States (OAS) recently expressed strong condemnation of the recent actions taken by Guillermo’s attorney general. According to the OAS, these acts involve delays and fraud allegations related to recent regional election results, which are considered unconstitutional and part of broader tactics to intimidate and cast doubt on the electoral process. This…
On Thursday, lawmakers in Bosnia’s autonomous Republika Srpska passed a draft law that labels non-governmental organizations (NGOs), which receive foreign funding, as ‘foreign agents’. This decision has raised concerns in the EU. Under the Special Registry and Publicity of the Work of Non-Profit Organizations draft law, NGOs will now be required to inscribe onto a…
The US Court of Appeals for the Fifth Circuit has consented to reconsider its prior ruling that a provision of the Mississippi Constitution — one that permanently disallows people with certain felony convictions from voting — is unconstitutional. This development came about last Thursday. The reconsideration of the case, which pertains to Section 241 of…
As the U.S. Supreme Court justices prepare for their return to the bench this Monday, they are forecast to confront a portfolio of influential cases with far-reaching implications. The new term’s docket includes topics as varied as gun ownership rights in domestic violence incidents, the constitutionality of administrative courts, and First Amendment ramifications involving public…
The legal landscape continually evolves, and recent shifts in the 5th Circuit court’s decisions are no exception. One of the most striking examples is the Circuit’s repeated unsuccessful attempts to enforce legislation that has already been deemed unconstitutional. Details of these attempts and their fallouts can be found here. In the realm of corporate law,…
The Supreme Court will commence its 2023-24 term on the conventional first Monday in October, with six arguments over five days on topics ranging from federal sentencing laws to voting rights. Live audio of oral arguments will continue to be provided for interested public, indicating the court’s sustained commitment to public accessibility. The new term…
The US Court of Appeals for the Sixth Circuit ruled on Thursday upholding the bans on gender-affirming care for minors in Tennessee and Kentucky. The court’s decision, resulting from a 2-1 vote, dismissed a challenge by families of transgender minors, stating that the bans did not constitute discrimination on the grounds of sex. The bans,…
The Supreme Court has taken on the task of evaluating the constitutionality of laws in Texas and Florida that regulate content moderation by social media platforms. These laws, passed by Republican-led legislatures, seek to counter perceived censorship of conservative perspectives on social networks. Given the inherent conflict with the First Amendment right to free speech,…
On September 15, 2023, Ultima Services (Ultima) ushered a substantial development in a suit of broad implications for participants of the Small Business Administration’s (SBA) 8(a) Business Development Program. Ultima filed a motion in the U.S. District Court for the Eastern District of Tennessee, seeking additional equitable relief in its ongoing legal challenge regarding the…
The renowned sentence from Supreme Court’s opinion in Marbury v. Madison, “It is emphatically the duty of the Judicial Department to say what the law is,” consigned to the Supreme Court the accountability of determining the constitutionality of statutes. This power bestowed to the Supreme Court starkly contrasts with that of other federal courts. Unlike…
Saskatchewan Premier Scott Moe recently affirmed his determination to bypass a court ruling through the utilization of the Canadian Charter of Rights and Freedoms‘ notwithstanding clause. The court injunction in question had temporarily suspended the province’s policy regarding the usage of preferred names and pronouns for students. The Parental Inclusion and Consent policy was introduced…
On September 22, 2023, jurisprudences were issued by the Second Chamber of the Supreme Court of Justice of the Nation and published in the Judicial Weekly of the Federation. These jurisprudences resolved the constitutionality of the obligation to identify, obtain, conserve, and provide information to the Tax Administration Service concerning the controlling beneficiaries or “Beneficiario…
In what appears to be a trend, the 5th Circuit Court has once again placed a law into immediate effect despite it having already been ruled unconstitutional by a district court. This move came without any explanation as to why the appeals court would disregard the detailed reasoning provided by the district court judges arguing…
Donald Trump, former President of the United States, is attempting to cope with a multitude of legal problems that are currently occupying his schedule. He has devoted the majority of his time to addressing the accusations made by New York Attorney General Letitia James, Justice Arthur Engoron, Judge Tanya Chutkan, and Fulton County District Attorney…
A Montana judge has temporarily blocked the state’s Senate Bill 99, known as the “Youth Health Protection Act”, which bars certain gender-affirming medical treatments for minors. District Court Judge Jason Marks found that Senate Bill 99 (SB 99) would likely have an adverse impact rather than protecting minors and considered the stated purpose to be…