A three-judge panel of the US Court of Appeals for the Fifth Circuit ruled Tuesday that a controversial Texas law, Senate Bill (SB) 4, will remain on hold as litigation continues. SB4, the controversial Texas law that is the subject of this continued litigation, was originally signed into law in December 2023. If enforced, it would [...]
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New York appellate panel reduces $464M Trump civil fraud bond to $175M
An appeals court in New York lowered the $464 million bond imposed on former President Donald Trump in his civil fraud case on Monday. The five-judge panel ordered the bond be reduced to $175 million, and the payment date extended another ten days. The decision stayed a previous court order that Trump post the $464 [...]
A federal judge in California on Friday declined to dismiss a lawsuit brought by US Representatives Matt Gaetz and Marjorie Taylor-Greene against California cities Anaheim and Riverside. Gaetz and Greene, who are members of the Republican Party, claim that the cities violated their free-speech rights by cancelling their planned political rally because of their viewpoints. [...]
US Supreme Court hears oral arguments on Texas councilwoman First Amendment retaliatory arrest case
The US Supreme Court heard oral arguments Wednesday on the case Gonzalez v. Trevino, which concerns the arrest of a Castle Hills, Texas councilwoman who argues that she was arrested in retaliation for her critical speech about the city’s government. The case is an appeal from the US Court of Appeals for the Fifth Circuit, [...]
US Supreme Court allows challenge against No Fly List placement to proceed
The US Supreme Court ruled Tuesday that Yonas Fikre’s challenge to his previous placement on the No Fly List can proceed, rejecting the government’s claim that his removal from the list rendered the lawsuit void. The court unanimously decided that the government failed to demonstrate the case was moot, finding it was possible the government [...]
Explainer Part II: The Israel-Hamas War and the International Court of Justice
The ongoing conflict engulfing Israel and Palestine continues to raise significant issues of international law and policy. My earlier contribution focused on the jurisdiction and substantive law of the International Criminal Court (ICC). Here I address the ongoing litigation before the International Court of Justice (ICJ or Court). Because the crime of genocide can be [...]
Canada Supreme Court expands scope of judicial review for tribunal decisions
The Supreme Court of Canada clarified on Friday the scope of judicial review for tribunal decisions, holding that judicial review is available even when a statutory right to appeal from tribunal decisions is limited to pure questions of law. The case involved an insurance dispute. The insurer refused to pay accident benefits to the claimant, [...]
Update: City of Flint, Michigan found in contempt by federal judge in water contamination case
A federal district judge found the city of Flint, Michigan in contempt for its failure to finish the replacement of lead-contaminated pipes in the city’s water supply system according to a timeline laid out in a 2023 court order. The order, released Tuesday, granted a motion from the Natural Resources Defense Council (NRDC) which sought to [...]
In the Halls of Brazil's Senate: Unpacking the Legacy of the US Constitution
To date, America’s greatest contribution to the world has been its Constitution. The importance of this document far surpasses such other cultural achievements as the Moon landing, the telephone, GPS, rubber vulcanization, and Henry Ford’s mass production lines. It is more important, even, than Gone With the Wind, and the hamburger — even though this [...]
Civil rights challenge to Florida's 'Don't Say Gay' law reaches settlement
Florida education officials and civil rights attorneys reached a settlement on Monday over the state law dubbed “Don’t Say Gay.” The parties came to an agreement after two years of litigation and an appeal to the US Court of Appeals for the Eleventh Circuit. This agreement paves the way for students and teachers in Florida [...]