All articles tagged with #constitutionality
U.S. Secretary of Education Linda McMahon announced that the Department of Justice's Office of Legal Counsel confirmed that race-based eligibility criteria for federal education funding are unconstitutional, leading to the winding down of related programs to ensure fairness and merit-based support.
The Supreme Court questioned President Trump's authority to impose tariffs that generate significant revenue, raising concerns about the constitutionality of his trade policies and the potential impact on his economic agenda, with justices emphasizing the core congressional power to tax.
A Texas federal court has issued a nationwide injunction against the enforcement of the Corporate Transparency Act (CTA), ruling it likely unconstitutional. The CTA required millions of U.S. companies to report beneficial ownership information to the Treasury's Financial Crimes Enforcement Network by January 1, 2025. The court found that the CTA overstepped congressional powers and threatened constitutional rights, thus companies are not required to comply with the reporting deadline. The decision is subject to appeal, potentially reaching the Supreme Court.
A federal judge criticized President Biden for pardoning his son, Hunter Biden, in a tax evasion case, arguing that the president misrepresented the facts and maligned the judicial system. Judge Mark Scarsi, appointed by Trump, questioned the constitutionality of the pardon, which covered an 11-year period and included future conduct. The pardon has drawn bipartisan criticism, with Scarsi highlighting that Hunter Biden's tax evasion occurred after he became sober. The judge vacated Hunter's sentencing hearing, pending formal receipt of the pardon.
Amazon and SpaceX are challenging the constitutionality of the National Labor Relations Board (NLRB) in a federal appeals court, arguing that its structure is unconstitutional. This legal battle, which could reach the US Supreme Court, stems from disputes over alleged labor law violations by both companies. A ruling in favor of Amazon and SpaceX could significantly weaken the NLRB's authority in enforcing labor laws.
Amazon and SpaceX argued before the Fifth Circuit Court of Appeals that the National Labor Relations Board (NLRB) is unconstitutional, claiming it violates the separation of powers and Seventh Amendment rights. However, the judges were unconvinced by the companies' appeals, questioning the timing and basis of their filings. The NLRB's representative argued for dismissal, stating the court lacks jurisdiction. Legal experts suggest the constitutionality of the NLRB was settled long ago, making the companies' claims unlikely to succeed.
Republican Congressman Thomas Massie questioned Attorney General Merrick Garland on the constitutionality of appointing Jack Smith as special counsel to oversee investigations into former President Donald Trump. Massie argued that Smith's appointment violates the Appointments Clause of the Constitution, citing briefs by former Attorney General Ed Meese. Garland defended the appointment, stating it follows long-standing regulations.
The Supreme Court ruled unanimously in favor of California homeowner George Sheetz, finding that conditions on building permits should be subject to heightened scrutiny even if they were authorized by legislation, rather than imposed on an individual basis by administrators. The decision sends the case back to the state courts for further review, emphasizing that legislative permit conditions are not categorically exempt from certain requirements. The ruling did not address the broader issue of whether the takings clause applies to Sheetz's case, leaving some questions unanswered.
A federal judge in Texas ruled that the 2022 government funding bill was unconstitutionally passed through a pandemic-era proxy voting rule, granting a request to block a provision giving pregnant workers stronger legal protections. The judge's ruling, limited in scope, blocked the Pregnant Workers Fairness Act from being enforced against the state, citing the proxy voting rule's violation of the Constitution's quorum clause. The Justice Department defended the bill, and while the state lacked standing to challenge certain appropriations, the judge's decision did not block all of the spending law.
Amazon, SpaceX, and Trader Joe's are challenging the constitutionality of the National Labor Relations Board (NLRB), arguing that its structure violates the Constitution by denying the right to a jury trial and infringing on the separation of powers. The companies are facing NLRB complaints, and their legal challenges could potentially impact the ability of labor unions to bargain with employers.
Trader Joe's is joining SpaceX in arguing that the National Labor Relations Board (NLRB) is unconstitutional, echoing Musk's lawsuit against the agency. The grocery chain's attorney stated that the NLRB's structure violates the US Constitution, a sentiment likely to gain traction in the corporate world. The NLRB has accused Trader Joe's of illegal threats and retaliation against workers, while the union representing some of its employees expressed concern over the company's rejection of New Deal principles. With the federal judiciary's rightward shift, challenges to the NLRB's constitutionality are expected to increase, potentially impacting labor disputes and legal proceedings.
House Speaker Cameron Sexton defends a new ticketing policy for access to the west gallery of the House chamber, prompting Democratic Rep. Vincent Dixie to question its constitutionality. The policy allocates a ticket for each representative, controlled by the Republican Party supermajority, and has drawn criticism for lack of a formal written policy and potential violation of the Tennessee Constitution. The increased presence of Tennessee Highway Patrol enforcing the policy has sparked controversy, with concerns raised about the unilateral directive and lack of clarity on statutory authority.
A federal trial in Georgia is set to determine the constitutionality of the state's election system, with activists arguing that the Dominion Voting Systems machines are flawed and violate voters' rights. The lawsuit, which began in 2017, claims the machines have security vulnerabilities and compromise ballot secrecy. Georgia officials defend the system's security and reliability. The case has gained attention amidst false claims about the 2020 election and a recent breach in Coffee County. The trial's outcome could impact the state's election procedures ahead of the 2024 elections, although any changes before the upcoming presidential primary are unlikely.
The DC appeals court is set to review the constitutionality of Special Counsel Jack Smith's appointment in the case against former President Donald Trump. Ed Meese, a former attorney general, filed a brief arguing that Smith's appointment by Attorney General Merrick Garland violates the Appointments Clause of the Constitution, as Smith is a private citizen and not properly appointed as a federal officer. The court has signaled it is taking the amicus briefs seriously and will address these issues during oral arguments. Meese contends that Smith lacks the authority to conduct the prosecution and that his appointment should be invalidated.
The Supreme Court heard oral arguments in the case of Moore v. the United States, which challenges the constitutionality of Section 965 of former President Donald Trump's tax overhaul. The provision imposed a one-time transition tax on foreign earnings accrued by certain overseas corporations owned by U.S. shareholders. The plaintiffs argue that Section 965 is unconstitutional because it applies a tax to "unrealized" income, violating the 16th Amendment. The case is seen as a proxy battle over the legality of a wealth tax, and a ruling in favor of the plaintiffs could have significant implications for the U.S. tax code and potentially outlaw a wealth tax proposal. A decision is expected by next June.