Tag

Constitutional Challenge

All articles tagged with #constitutional challenge

legal1 year ago•2 min saved

Nationwide Injunction Halts Corporate Transparency Act Enforcement

A U.S. district court in Texas has issued a preliminary injunction halting the nationwide enforcement of the Corporate Transparency Act (CTA), including postponing the January 1, 2025, reporting deadline for certain companies. The injunction is based on a likely successful constitutional challenge by the plaintiffs. The U.S. Department of Justice is expected to appeal the decision, potentially seeking a stay or narrowing of the injunction. Companies are advised to continue preparing for compliance, as the situation may change if a stay is granted.

via Goodwin Procter|

#appeal #constitutional-challenge #corporate-transparency-act

politics1 year ago•2 min saved

"Supreme Court's Amy Coney Barrett Sends Message in Trump Ballot Case"

Justice Amy Coney Barrett's brief opinion in a Supreme Court decision rejecting a constitutional challenge to Donald Trump's eligibility to hold office has set her apart from both conservative and liberal blocs, emphasizing her distinctive role as a relatively moderate member of the court's conservative supermajority. Despite her public insistence on the court's apolitical nature, her appearances at conservative forums have raised questions about her message. In this case, she aligned herself with the liberal members of the court in criticizing the majority's ruling, signaling her independence and willingness to diverge from partisan lines.

via The New York Times|

#amy-coney-barrett #apolitical-stance #constitutional-challenge

legalpolitical1 year ago•1 min saved

"Federal Judge Declares 2022 Congressional Spending Bill Unconstitutional"

A federal judge in Texas ruled that the 2022 government funding bill was unconstitutionally passed due to the use of proxy voting, granting a request to block a provision related to pregnant workers' legal protections. The judge's ruling only applies to state government employees in Texas and does not block the entire spending law. The lawsuit, filed by Texas Attorney General Ken Paxton, argued that the bill was unconstitutionally passed as more than half of the House members were not physically present to provide quorum and voted by proxy. The judge's decision was based on the requirement for a physical quorum and the distinction between absent members and the quorum in the Constitution's quorum clause.

via NBC News|

#constitutional-challenge #federal-judge #legalpolitical

businesslabor-relations1 year ago•2 min saved

"Amazon Joins SpaceX in Challenging U.S. Labor Board's Constitutionality"

Amazon, facing numerous labor law violations and NLRB investigations, has joined other corporations in claiming the National Labor Relations Board is "unconstitutional," alleging violations of its rights. Critics fear this could hinder workers' ability to organize, while Amazon has faced over 250 NLRB complaints for labor law violations.

via Gizmodo|

#amazon #businesslabor-relations #constitutional-challenge

businesscorporate1 year ago•1 min saved

"Amazon Joins SpaceX in Challenging Constitutionality of Labor Board"

Amazon has filed a legal document claiming the National Labor Relations Board (NLRB) is "unconstitutional" in connection with a 2023 case accusing the company of breaking labor rules. The e-commerce giant argues that the NLRB's structure violates the separation of powers and its hearings can seek legal remedies beyond what's allowed without a trial by jury, similar to claims made by SpaceX in a separate lawsuit earlier this year. Both companies are challenging the NLRB's authority, despite the common use of administrative law by various federal agencies.

via The Verge|

#administrative-law #amazon #businesscorporate

business1 year ago•2 min saved

"Amazon Joins Challenge Against US Labor Board Constitutionality"

Amazon has joined SpaceX and Trader Joe's in arguing that the structure of the U.S. labor agency's in-house enforcement proceedings violates the U.S. Constitution, claiming it infringes on their right to a jury trial. This comes as Amazon faces numerous cases alleging interference with workers' rights to organize, with more than 250 NLRB complaints against the company in recent years. The growing number of challenges to the labor board could potentially lead to the issue reaching the U.S. Supreme Court, impacting collective bargaining for both new and established unions.

via Reuters|

#amazon #business #constitutional-challenge

law-and-politics1 year ago•2 min saved

"Malaysia's Federal Court Invalidates Kelantan Shariah Provisions"

Malaysia's top court declared more than a dozen Islamic laws enacted by the state of Kelantan unconstitutional, including provisions criminalizing sodomy, incest, gambling, sexual harassment, and desecration of places of worship. The court's 8-1 decision could impact similar sharia laws in other parts of the country, as it ruled that the state had no authority to enact laws covering matters under the federal list. The case has sparked controversy and protests, with some conservative Muslim groups fearing it could undermine Islam or the sharia courts in Malaysia.

via Reuters|

#constitutional-challenge #federal-court #islamic-laws

labor-relations1 year ago•5 min saved

"Trader Joe's and SpaceX Challenge Constitutionality of US Labor Board"

Trader Joe's attorney argues that the National Labor Relations Board is unconstitutional as part of the grocer's defense against union-busting charges, aligning with a broader conservative effort to dismantle the regulatory state. The argument, similar to one made by SpaceX, claims the NLRB violates the constitutional separation of powers and due process. This move has raised concerns among union representatives and could potentially throw labor relations into turmoil if successful.

via HuffPost|

#constitutional-challenge #labor-relations #national-labor-relations-board

international-relations1 year ago•1 min saved

Kenyan High Court Rules Against Police Deployment to Haiti

A Kenyan court has ruled that the government's plan to send police officers to lead a U.N.-approved mission in Haiti is unconstitutional, casting doubt on the initiative aimed at addressing gang violence in the Caribbean nation. The opposition party had challenged the deployment, citing a violation of the constitution. The court stated that under Kenyan law, deploying officers abroad requires a "reciprocal arrangement" with the host government. The government's response to the ruling and the future of the mission remain uncertain, as Haiti continues to grapple with escalating gang violence.

via Reuters|

#constitutional-challenge #gang-violence #haiti

law-and-government2 years ago•2 min saved

"SpaceX Challenges US Labor Board's Constitutionality Amidst Illegal Firing Claims"

SpaceX has filed a lawsuit against the National Labor Relations Board (NLRB), claiming the agency's structure is unconstitutional because its administrative law judges (ALJs) cannot be removed by the president, which allegedly violates Article II of the Constitution. This legal action follows a complaint by the NLRB that SpaceX illegally fired eight employees for criticizing Elon Musk. SpaceX is seeking a preliminary injunction to halt the proceedings and is citing a recent Supreme Court ruling that federal district courts can hear lawsuits challenging the constitutionality of agency structures.

via Ars Technica|

#constitutional-challenge #elon-musk #law-and-government

law-and-politics2 years ago•6 min saved

Supreme Court Weighs Trump Tax Case with Trillion-Dollar Implications

The Supreme Court appears inclined to narrowly uphold a provision of President Trump's 2017 tax package that imposed a one-time tax on offshore earnings. Justices from across the ideological spectrum expressed skepticism towards a constitutional challenge brought by a Washington state couple, suggesting that the tax is substantially similar to other forms of taxation. While a majority of justices seemed to think the tax is valid, they also indicated that their reasoning may differ from the arguments presented by the Biden administration. The court is likely to settle on a ruling that upholds the tax but rejects the government's broad view of Congress's powers of taxation.

via The Washington Post|

#constitutional-challenge #law-and-politics #offshore-earnings

law-and-politics2 years ago•3 min saved

Supreme Court's Potential Ruling on Wealth Tax Sparks Controversy

The Supreme Court is considering a case challenging a provision of the 2017 tax bill that imposes a tax on foreign income. While the court seemed inclined to uphold the tax, it avoided addressing the broader question of Congress' ability to enact taxes based on wealth instead of income. The case brought by a Washington state couple argues that the tax violates the 16th Amendment. The provision in question is expected to generate $340 billion and has drawn attention as some argue it is similar to a wealth tax. The court's decision could have implications for future tax legislation and the constitutionality of the tax code.

via The Associated Press|

#2017-tax-bill #constitutional-challenge #law-and-politics

politics2 years ago•4 min saved

Supreme Court Case Could Upend US Taxes and Philanthropy

The US Supreme Court is set to hear a case that could have significant implications for the imposition of a wealth tax on billionaires. The case involves a couple seeking a refund of $14,729 in taxes they paid on their ownership of a stake in an Indian company. The couple argues that they cannot be taxed since they never realized any gains. The court's decision could determine the constitutionality of a wealth tax and potentially disrupt the entire tax regime. The outcome of the case is expected to be announced next year, in the midst of the presidential election campaign.

via Fortune|

#constitutional-challenge #democratic-agenda #politics

legalcriminal-justice2 years ago•4 min saved

"Texas Lawsuit Targets Police and Prosecutors' Cash Seizures in 'Legal Theft' Battle"

A class action lawsuit has been filed against Harris County in Texas, alleging that law enforcement regularly seizes cash and cars from individuals who have never been convicted of a crime. The lawsuit argues that Harris County has one of the most abusive forfeiture programs in the country, with police specifically targeting cash and cars for seizure. The case stems from a 2019 traffic stop where a deputy seized a trucker's life savings, alleging it could be connected to criminal activity. Critics argue that civil asset forfeiture is a form of "legal theft" and that police and prosecutors often abuse the practice. The lawsuit seeks to challenge the seizure practices and the financial incentives that allow law enforcement to keep 100% of forfeiture proceeds.

via Fox News|

#civil-asset-forfeiture #constitutional-challenge #harris-county

legaltaxation2 years ago•5 min saved

Supreme Court Dispute: $15,000 IRS Bill Targets Never-Enacted Billionaire Tax

The Supreme Court is set to hear a case brought by Charles and Kathleen Moore, who argue that a $15,000 tax bill they received is unconstitutional. The case challenges a provision in the 2017 tax bill that imposes a one-time tax on American-owned companies doing business abroad. The Moores, backed by business and conservative interests, claim the provision violates the 16th Amendment. However, public records suggest inconsistencies in their story, including their involvement with the company and undisclosed investments. Experts suspect the case may be aimed at challenging a potential wealth tax on billionaires. The outcome could have broader implications for the tax code and other business formations.

via ABC News|

#constitutional-challenge #lawsuit #legaltaxation