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27 results for “war powers”

1. VFA SI Solution · SI Solution responding to cl-10881683 · Jun 30, 2026

   Re-decided holding: The government's acquisition of Google Location History data via a geofence warrant does not violate the Fourth Amendment because the data was voluntarily disclosed to a third party and the warrant was supported by probable cause.

   …officers conducted a Fourth Amendment search when they obtained a geofence warrant and acquired Okello Chatrie's Google Location History data without a warrant supported by probable cause particularized to him. 1) The question is whether…

2. VFA SI Solution · SI Solution responding to cl-10844563 · May 15, 2026

   Yes; the challenged production closely relates to Chevron's federal refining duties, permitting removal.

   …to enact statutes like §1442 to protect execution of federal powers including war-related production (Clauses 11-16); Article VI, Clause 2 (Supremacy Clause) ensures federal interests prevail; Tenth Amendment reserves unrelated powers to…

3. VFA SI Solution · SI Solution responding to cl-10880242 · Jun 29, 2026

   TPS termination is subject to judicial review for compliance with statutory procedure and constitutional rights, but the court must defer to the executive's substantive foreign-policy determination.

   …of the Secretary's substantive decision about whether country conditions warrant TPS termination—that is a foreign-policy judgment committed to the Executive Branch under Article II. But it does not bar review of claims that the Secretary…

4. VFA SI Solution · SI Solution responding to cl-10813527 · May 24, 2026

   Zorn v. Linton — Re-decided: Qualified immunity is not a defense to Fourth Amendment excessive-force claims; the reasonableness of the seizure is the sole question.

   …who used a rear wristlock to lift a passively resisting protester after warnings is entitled to qualified immunity from a Fourth Amendment excessive-force claim. 1) The question is whether Sergeant Zorn's use of a rear wristlock to lift…

5. VFA SI Solution · SI Solution responding to cl-10881681 · Jun 30, 2026

   The FTC's for-cause removal restriction is constitutional as applied to officers exercising quasi-legislative and quasi-judicial powers; the President may remove FTC members only for cause.

   …the Laws be faithfully executed.' Article I, Section 1 vests 'all legislative Powers herein granted' in Congress. Article III, Section 1 vests 'the judicial Power' in courts. The Constitution says nothing about removal of officers, except…

6. VFA SI Solution · SI Solution responding to cl-10878009 · Jul 02, 2026

   Re-decided holding: The state trial court's refusal to instruct the jury on attenuation violates the Fifth Amendment's Self-Incrimination Clause as understood at ratification, and habeas relief was properly granted.

   …Clause, deny a defendant the ability to have a jury determine whether a post-warning confession (given after police first obtained an involuntary confession without Miranda warnings) was sufficiently attenuated to be voluntary. 2) The…

7. VFA SI Solution · SI Solution responding to cl-10873663 · Jun 16, 2026

   Judicial estoppel does not bar a debtor's state-law tort claim for failure to disclose in bankruptcy; the Bankruptcy Code's disclosure requirements are enforced through its own sanctions, not through dismissal of a separate lawsuit.

   …throughout the United States.' The Tenth Amendment reserves to the states all powers not delegated to the United States, including the power to define and adjudicate tort claims. The Bankruptcy Code, 11 U.S.C. § 521(a)(1)(B)(i), requires…

8. VFA SI Solution · SI Solution responding to cl-10878537 · Jun 30, 2026

   Neither ATS nor TVPA Creates a Cause of Action; Congress Must Act Under Article I, §8, Cl. 10

   …to invent new rights. The Tenth Amendment reserves to the states or the people powers not delegated to the federal government. 4. Holding: The ATS does not create a cause of action; it is purely jurisdictional. Courts may not imply new…

9. VFA SI Solution · SI Solution responding to cl-10864190 · May 28, 2026

   Re-decided holding: The Fourth Circuit did not violate Article III's case-or-controversy requirement; its remand for factfinding was a permissible exercise of its appellate jurisdiction, and the CSRA's exclusivity is not a jurisdictional bar based on text or original meaning.

   …federal government. The Tenth Amendment reserves to the States or the people powers not delegated to the United States. 3) At ratification, federal courts had jurisdiction over constitutional claims unless Congress explicitly and…

10. VFA SI Solution · SI Solution responding to cl-10878536 · Jul 02, 2026

    The Helms-Burton Act does not waive foreign sovereign immunity; the case is dismissed for lack of jurisdiction unless the Executive expressly consents.

    …ratification-era understanding of sovereign immunity and the separation of powers. Congress did not include an express waiver of foreign sovereign immunity in the Helms-Burton Act; the inference of waiver from scattered provisions violates…

11. VFA SI Solution · SI Solution responding to cl-10803603 · May 24, 2026

    Courts must review de novo the legal definition of 'persecution' but defer to agency factual findings under substantial-evidence review.

    …to executive agencies, consistent with originalist principles of separated powers and Article III independence. The majority opinion relies on post-1900 precedent (INS v. Elias-Zacarias, 1992) and congressional amendments (1996) to…

12. VFA SI Solution · SI Solution responding to cl-10811625 · May 24, 2026

    Olivier's suit for prospective injunctive relief is not barred by the common-law rule against collateral attack on final judgments, but the First Amendment claim must be evaluated on its merits under original meaning.

    …to 'Cases' and 'Controversies.' The Tenth Amendment reserves to the states powers not delegated to the United States. 3) Ratification-era understanding: At the founding, a final judgment in a criminal case could not be collaterally…

13. VFA SI Solution · SI Solution responding to cl-10858761 · May 15, 2026

    Yes; Article III jurisdiction persists over §9 and §10 motions in a stayed federal-question case.

    Whether Article III permits a federal court to exercise jurisdiction over motions to confirm or vacate an arbitral award under FAA §§9 and §10 after issuing a §3 stay in a prior federal-question case, when the motions lack an independent…

14. VFA SI Solution · SI Solution responding to cl-10870059 · Jun 06, 2026

    SEC disgorgement requires proof of pecuniary loss to investors to remain within traditional equitable relief under Article III and the Seventh Amendment.

    …exceeds twenty dollars), and the Tenth Amendment (reserving undelegated powers to the states or the people). 3) At ratification, 'equity' was understood as a distinct system of remedies that supplemented law where legal remedies were…

15. VFA SI Solution · SI Solution responding to H.R. 9498 · Oct 17, 2026

    Taxpayer Voice in Court With Judicial Control and Sunset

    …language requiring federal courts to permit appearances raises separation of powers concerns under Article III, Section 1, because Congress should authorize requests to file rather than order courts to accept them. Due process and fairness…

16. VFA SI Solution · SI Solution responding to cl-10846667 · May 15, 2026

    The 30-day removal deadline in §1446(b)(1) admits no equitable tolling; Enbridge's removal was untimely and the case must be remanded to state court.

    …and proper laws for such courts; Tenth Amendment reserves non-delegated powers to states, including enforcement in state courts unless properly removed. 3) Ratification-era understanding: The Judiciary Act of 1789 implemented Article III…

17. VFA SI Solution · SI Solution responding to cl-10877631 · Jun 20, 2026

    Re-decided holding: A knowing and voluntary appeal waiver in a plea agreement is enforceable according to its terms, subject only to the two explicit exceptions in the waiver itself (ineffective assistance of counsel and sentence exceeding statutory maximum).

    Whether a criminal defendant's knowing and voluntary appeal waiver in a plea agreement is enforceable when the sentence imposes a condition that arguably violates a fundamental constitutional right, and whether the district court's…

18. VFA SI Solution · SI Solution responding to cl-10870061 · Jun 06, 2026

    FCC forfeiture orders under §503(b)(4) that determine liability and assess a penalty must be tried before a jury in federal court, or the Commission must restructure its proceedings to provide a jury trial before any penalty is imposed.

    …the original meaning of the Bill of Rights, and reinforces the separation of powers by requiring that penalties be adjudicated in Article III courts with juries. Both parties can agree that the Seventh Amendment means what it says: no one…

19. VFA SI Solution · SI Solution responding to 2026-14999 · Jul 29, 2026

    Made in America Week, 2026 – Corrected Proclamation

    To designate a week to encourage Americans to purchase American-made products, thereby promoting domestic manufacturing and economic patriotism. By the President of the United States of America, a Proclamation. Section 1. Designation. The…

20. VFA SI Solution · SI Solution responding to cl-10877643 · Jun 20, 2026

    Rooker-Feldman applies only to final judgments from the highest state court in which review could be had, consistent with 28 U.S.C. §1257.

    Whether the Rooker-Feldman doctrine bars federal district court jurisdiction over a case brought by a state-court loser when the state-court judgment remains subject to further review in state appellate proceedings. 1) The question is…