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#federallaw — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #federallaw, aggregated by home.social.

  1. The #Trump admin promptly sued #Illinois, saying the #law violated the #Constitution’s #SupremacyClause, which generally prohibits #states from enacting measures at odds with #FederalLaw. Whether to allow lawsuits against #federal agents for violating the federal #Constitution, the admin’s complaint said, “is a policy choice for Congress.” [ridiculous]

    Professor Amar said aspects of the IL #StateLaW might be problematic, but that its core idea is sound.

    #UseOfForce #StatesRights #CivilRights

  2. His central point for present purposes was that #state #legislatures can authorize lawsuits against #federal officials for violating the #Constitution. If that is right, such #StateLaws would close an odd gap in #FederalLaw that—broadly speaking—allows such suits against state & local officials, like police officers, but not against #federal ones, like #ICE agents.

    #Trump #StateSponsoredTerrorism #law #UseOfForce #Constitution #StatesRights #CivilRights #authoritarianism #autocracy #ICE #CBP

  3. His central point for present purposes was that #state #legislatures can authorize lawsuits against #federal officials for violating the #Constitution. If that is right, such #StateLaws would close an odd gap in #FederalLaw that—broadly speaking—allows such suits against state & local officials, like police officers, but not against #federal ones, like #ICE agents.

    #Trump #StateSponsoredTerrorism #law #UseOfForce #Constitution #StatesRights #CivilRights #authoritarianism #autocracy #ICE #CBP

  4. His central point for present purposes was that #state #legislatures can authorize lawsuits against #federal officials for violating the #Constitution. If that is right, such #StateLaws would close an odd gap in #FederalLaw that—broadly speaking—allows such suits against state & local officials, like police officers, but not against #federal ones, like #ICE agents.

    #Trump #StateSponsoredTerrorism #law #UseOfForce #Constitution #StatesRights #CivilRights #authoritarianism #autocracy #ICE #CBP

  5. His central point for present purposes was that #state #legislatures can authorize lawsuits against #federal officials for violating the #Constitution. If that is right, such #StateLaws would close an odd gap in #FederalLaw that—broadly speaking—allows such suits against state & local officials, like police officers, but not against #federal ones, like #ICE agents.

    #Trump #StateSponsoredTerrorism #law #UseOfForce #Constitution #StatesRights #CivilRights #authoritarianism #autocracy #ICE #CBP

  6. His central point for present purposes was that #state #legislatures can authorize lawsuits against #federal officials for violating the #Constitution. If that is right, such #StateLaws would close an odd gap in #FederalLaw that—broadly speaking—allows such suits against state & local officials, like police officers, but not against #federal ones, like #ICE agents.

    #Trump #StateSponsoredTerrorism #law #UseOfForce #Constitution #StatesRights #CivilRights #authoritarianism #autocracy #ICE #CBP

  7. #Teachers sue #Trump admin for stopping affordable #StudentLoan repayment plans

    The American Federation of Teachers represents 1.8 million educators.

    By Leah Sarnoff, March 19, 2025

    "One of America's largest unions is taking aim at President Donald Trump's administration for shutting down access to affordable student loan repayment plans -- saying the decision is 'effectively breaking' the system.

    "The American Federation of Teachers (#AFT), representing 1.8 million educators across the country, filed a lawsuit against the #DepartmentOfEducation in Washington, D.C., hoping to restore the programs that have now been shuttered for three weeks.

    "The filing alleges the administration halting the application process for all Income-Driven Repayment (#IDR) plans and ordering student loan servicers to stop all processing violates #FederalLaw.

    "AFT sued the United States Department of Education (ED) for effectively breaking the student loan system, denying borrowers' access to affordable loan payments and blocking progress towards Public Service Loan Forgiveness (#PSLF), in violation of federal law,' the union said in a statement Wednesday."

    abcnews.go.com/Politics/teache
    #CharacteristicsOfFascism #BadDOGE #ResistDOGE #Authoritarianism #USPol

  8. #Teachers sue #Trump admin for stopping affordable #StudentLoan repayment plans

    The American Federation of Teachers represents 1.8 million educators.

    By Leah Sarnoff, March 19, 2025

    "One of America's largest unions is taking aim at President Donald Trump's administration for shutting down access to affordable student loan repayment plans -- saying the decision is 'effectively breaking' the system.

    "The American Federation of Teachers (#AFT), representing 1.8 million educators across the country, filed a lawsuit against the #DepartmentOfEducation in Washington, D.C., hoping to restore the programs that have now been shuttered for three weeks.

    "The filing alleges the administration halting the application process for all Income-Driven Repayment (#IDR) plans and ordering student loan servicers to stop all processing violates #FederalLaw.

    "AFT sued the United States Department of Education (ED) for effectively breaking the student loan system, denying borrowers' access to affordable loan payments and blocking progress towards Public Service Loan Forgiveness (#PSLF), in violation of federal law,' the union said in a statement Wednesday."

    abcnews.go.com/Politics/teache
    #CharacteristicsOfFascism #BadDOGE #ResistDOGE #Authoritarianism #USPol

  9. #Teachers sue #Trump admin for stopping affordable #StudentLoan repayment plans

    The American Federation of Teachers represents 1.8 million educators.

    By Leah Sarnoff, March 19, 2025

    "One of America's largest unions is taking aim at President Donald Trump's administration for shutting down access to affordable student loan repayment plans -- saying the decision is 'effectively breaking' the system.

    "The American Federation of Teachers (#AFT), representing 1.8 million educators across the country, filed a lawsuit against the #DepartmentOfEducation in Washington, D.C., hoping to restore the programs that have now been shuttered for three weeks.

    "The filing alleges the administration halting the application process for all Income-Driven Repayment (#IDR) plans and ordering student loan servicers to stop all processing violates #FederalLaw.

    "AFT sued the United States Department of Education (ED) for effectively breaking the student loan system, denying borrowers' access to affordable loan payments and blocking progress towards Public Service Loan Forgiveness (#PSLF), in violation of federal law,' the union said in a statement Wednesday."

    abcnews.go.com/Politics/teache
    #CharacteristicsOfFascism #BadDOGE #ResistDOGE #Authoritarianism #USPol

  10. #Teachers sue #Trump admin for stopping affordable #StudentLoan repayment plans

    The American Federation of Teachers represents 1.8 million educators.

    By Leah Sarnoff, March 19, 2025

    "One of America's largest unions is taking aim at President Donald Trump's administration for shutting down access to affordable student loan repayment plans -- saying the decision is 'effectively breaking' the system.

    "The American Federation of Teachers (#AFT), representing 1.8 million educators across the country, filed a lawsuit against the #DepartmentOfEducation in Washington, D.C., hoping to restore the programs that have now been shuttered for three weeks.

    "The filing alleges the administration halting the application process for all Income-Driven Repayment (#IDR) plans and ordering student loan servicers to stop all processing violates #FederalLaw.

    "AFT sued the United States Department of Education (ED) for effectively breaking the student loan system, denying borrowers' access to affordable loan payments and blocking progress towards Public Service Loan Forgiveness (#PSLF), in violation of federal law,' the union said in a statement Wednesday."

    abcnews.go.com/Politics/teache
    #CharacteristicsOfFascism #BadDOGE #ResistDOGE #Authoritarianism #USPol

  11. #Teachers sue #Trump admin for stopping affordable #StudentLoan repayment plans

    The American Federation of Teachers represents 1.8 million educators.

    By Leah Sarnoff, March 19, 2025

    "One of America's largest unions is taking aim at President Donald Trump's administration for shutting down access to affordable student loan repayment plans -- saying the decision is 'effectively breaking' the system.

    "The American Federation of Teachers (#AFT), representing 1.8 million educators across the country, filed a lawsuit against the #DepartmentOfEducation in Washington, D.C., hoping to restore the programs that have now been shuttered for three weeks.

    "The filing alleges the administration halting the application process for all Income-Driven Repayment (#IDR) plans and ordering student loan servicers to stop all processing violates #FederalLaw.

    "AFT sued the United States Department of Education (ED) for effectively breaking the student loan system, denying borrowers' access to affordable loan payments and blocking progress towards Public Service Loan Forgiveness (#PSLF), in violation of federal law,' the union said in a statement Wednesday."

    abcnews.go.com/Politics/teache
    #CharacteristicsOfFascism #BadDOGE #ResistDOGE #Authoritarianism #USPol

  12. TikTok ban puts US tech companies in a tough spot: risk alienating a mercurial president OR break federal law and face billions in penalties. A high-stakes dilemma. 🤔💻 #TikTokBan #TechNews #FederalLaw #SocialMedia #BusinessRisk

  13. TikTok ban puts US tech companies in a tough spot: risk alienating a mercurial president OR break federal law and face billions in penalties. A high-stakes dilemma. 🤔💻 #TikTokBan #TechNews #FederalLaw #SocialMedia #BusinessRisk

  14. CW: Cost at $78. Price at $80,000

    Unlike many other drugs that treat viruses, Sovaldi does not suppress hepatitis C, a virus that kills roughly 250,000 people around the world each year. It cures it.

    “Normally you have a virus, and your body fights it off or your body fights it to a standstill and you just have it forever, basically, and hope it remains dormant more or less,” Laufer said. “The holy grail for every virologist is to find a way to drain the viral reservoir, and Sovaldi does this. You take one pill of Sovaldi a day for 12 weeks and then you don’t have hepatitis C anymore.”

    The problem is that those pills are under patent, and they cost $1,000 per pill.

    “Literally, if you have $84,000 then hepatitis C is not your problem anymore,” Laufer said. “But given that there are other methodologies for managing hepatitis C that are not curing it and that are cheaper, insurance typically will not cover [Sovaldi]. And so we’ve got this incredible technology and it’s sitting on the shelf except for people who are ridiculously wealthy.”

    So Four Thieves Vinegar Collective set out to teach people how to make their own version of Sovaldi. Chemists at the collective thought the DIY version would cost about $300 for the entire course of medication, or about $3.57 per pill. But they were wrong.

    “It’s actually just a little under $70 (83 cents per pill), which just kind of blew my mind when they finally showed me the results,” Laufer said. “I was like, can we do the math here again?”

    The above lines were written for paid subscribers and are excerpt from #404Media 404media.co/right-to-repair-fo @law

    #pharma #pharmacy #pharmaceutics #Hepatitis #HepatitisC #cure #illness #health #medicine #DIY #pirating #counterfeit #free #patents #research #money #law #FederalLaw #intellectualProperty

  15. #ICYMI #RonDeSantis ideological ban on #LabGrown #Meat substitutes is unconstitutional violation of #SupremacyClause .

    #Florida move to pre-empt #FederalLaw and violate the #CommerceClause by insulating #FloridaAg from out-of-state competition is being challenged by CEO and MD #UmaValeti whose company #UpsideFoods filed a federal #lawsuit in the Northern District of Florida.

    wired.com/story/upside-foods-i

  16. #ICYMI #RonDeSantis ideological ban on #LabGrown #Meat substitutes is unconstitutional violation of #SupremacyClause .

    #Florida move to pre-empt #FederalLaw and violate the #CommerceClause by insulating #FloridaAg from out-of-state competition is being challenged by CEO and MD #UmaValeti whose company #UpsideFoods filed a federal #lawsuit in the Northern District of Florida.

    wired.com/story/upside-foods-i

  17. #ICYMI #RonDeSantis ideological ban on #LabGrown #Meat substitutes is unconstitutional violation of #SupremacyClause .

    #Florida move to pre-empt #FederalLaw and violate the #CommerceClause by insulating #FloridaAg from out-of-state competition is being challenged by CEO and MD #UmaValeti whose company #UpsideFoods filed a federal #lawsuit in the Northern District of Florida.

    wired.com/story/upside-foods-i

  18. #ICYMI #RonDeSantis ideological ban on #LabGrown #Meat substitutes is unconstitutional violation of #SupremacyClause .

    #Florida move to pre-empt #FederalLaw and violate the #CommerceClause by insulating #FloridaAg from out-of-state competition is being challenged by CEO and MD #UmaValeti whose company #UpsideFoods filed a federal #lawsuit in the Northern District of Florida.

    wired.com/story/upside-foods-i

  19. #ICYMI #RonDeSantis ideological ban on #LabGrown #Meat substitutes is unconstitutional violation of #SupremacyClause .

    #Florida move to pre-empt #FederalLaw and violate the #CommerceClause by insulating #FloridaAg from out-of-state competition is being challenged by CEO and MD #UmaValeti whose company #UpsideFoods filed a federal #lawsuit in the Northern District of Florida.

    wired.com/story/upside-foods-i

  20. #Landmark 11th Circuit Decision in May affirmed illegality of discrimination against #LGBTQ #workers in #Georgia case. #Court refused to allow #Sheriff's Dept to make special exception and violate #FederalLaw to ban #EmployeeRights to #GenderAffirming care. Case dated back to 2019 lawsuit and is looked at in detail here

    law.com/dailyreportonline/2024

  21. “Despite clarity of the #legal issue & the dire need for an answer…,today 6 Justices refuse to recognize the rights #EMTALA protects.…The majority opts, instead, to dismiss these cases. But storm clouds loom….3 Justices suggest…that #States have free rein to nullify #FederalLaw.…& 3 more decline to disagree w/those dissenters on the #merits.…The latter group offers only…that 'petitioners have raised a difficult & consequential argument' about Congress's authority under the Spending Clause.…

    4/

  22. “We have granted certiorari & heard argument. We have had ample opportunity to consider the issues. The parties were well represented on both sides, & dozens of amici have weighed in.…The necessary #legal reasoning is straightforward, & the answer to the question presented is…clear: #IdahoLaw prohibits what #FederalLaw requires, so…under the #SupremacyClause, #Idaho's #law is pre-empted.…There is simply no good reason not to resolve this conflict now.”

    - #SCOTUS Justice #KetanjiBrownJackson

    3/

  23. Boo hiss! Judge Du did give the tribes another month to amend their complaint.

    Judge again rules against #tribes’ effort to stop #lithium mine

    By: Jeniffer Solis - November 21, 2023

    "A Nevada federal judge ruled against three #NativeAmerican tribes seeking to halt construction of the country’s largest #openpit lithium mine, but will allow them to amend their complaint against the U.S. government.

    "In the meantime, construction at #LithiumNevada’s mine near the #Nevada - #Oregon border will continue. Major construction on the lithium mine is scheduled to start in 2024, while production is expected to begin in late 2026, say Lithium Nevada officials.

    "In the order, filed earlier this month, U.S. District Judge #MirandaDu dismissed the tribe’s claim that the mine’s approval violates federal preservation law and land policy.

    "#Du ruled the three Native American tribes’ failed to prove that the #BureauOfLandManagement did not adequately consult with them, as required by the National Historic Preservation Act, which gives tribes the right to consultation when a project affects areas of #religious or #cultural significance.

    "However, the judge gave the tribes a month to amend their complaint, which claims construction of the lithium mine in #ThackerPass near the sacred site of a 1865 massacre violates #FederalLaw.

    "The three litigating tribes — #SummitLake #Paiute Tribe, #RenoSparks Indian Colony, and #BurnsPaiute Tribe — refer to Thacker Pass as “Peehee mu’huh” which translates to 'rotten moon' in honor of their ancestors who were massacred by the U.S. Cavalry in 1865 in an area of the pass shaped like a moon.

    "In a ruling in 2021, Judge Du said evidence presented by the tribes that a massacre took place in Thacker Pass 'further highlights the shameful history of the treatment of #NativeAmericans by federal and state governments' but 'does not definitely establish that a massacre occurred' within the proposed project site.

    "All three tribes claimed the BLM withheld crucial information from relevant agencies and #misrepresented the extent of the agency’s tribal consultation before approving the lithium mine project.

    "The government dismissed those claims by arguing they have satisfied federal law by consulting with relevant tribes prior to approving the mine, and by continuing that consultation with tribes after the mine’s approval.

    "Du agreed with the government’s argument and dismissed the tribe’s legal challenge, but left room for the tribes to amend their complaint related to the #NationalHistoricPreservationAct and further explain their claim that the BLM was legally required to complete the consultation process before approving the project. Du also gave the tribes space to amend their claim on how the government might have violated the Federal Land Policy and Management Act.

    "Part of the tribe’s lawsuit seeking to block construction of the mine is still pending at the 9th U.S Circuit Court of Appeals, where oral arguments will be heard in February [2024].

    "Will Falk, representing the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe, said consultation should have been completed before construction began to avoid or mitigate harm to the sacred site.

    "Tribal attorney’s on the case are still considering whether to amend the complaint by the Dec. 9 deadline or focus on their pending appeal, said Falk.

    "'We are very disappointed that the court is allowing Lithium Nevada to destroy the site of an 1865 massacre of Paiute peoples and a whole Traditional Cultural District before the Bureau of Land Management finished consulting with tribes,' Falk said. 'While #ClimateChange is a very real, existential threat, if government agencies are allowed to rush through permitting processes to fast-track destructing mining projects like the one at Thacker Pass, more of the #NaturalWorld and more Native American culture will be destroyed.'

    "The new ruling is the latest in a series of legal setbacks for opponents of the lithium mine. Over the summer, the 9th U.S. Circuit Court of Appeals declined to vacate federal land managers’ approval of a lithium mine, ruling that the U.S. government took a sufficiently 'hard look' at the project’s impacts before approving it.

    "Before that, Du also ruled largely in favor of Lithium Nevada and the Bureau of Land Management in a consolidated case involving claims brought by environmental groups, a local rancher, and two Native American tribes.

    "'We’ve dedicated more than a decade to community engagement and hard work in order to get this project right, and the courts have again validated the efforts by Lithium Americas and the administrative agencies,' said Tim Crowley, the vice president of government and community relations for Lithium Nevada, in a statement."

    nevadacurrent.com/2023/11/21/j

    #NativeAmericanHistory #CulturalGenocide #RespectTheTreaties #LithiumAmericas #OpenPitMining

  24. #NLRB #NationalLaborRelationsBoard issued its 1st complaint against #Musk’s #X Corp. Board accused X of #illegally #firing Yao Yue, widely respected #engineer at the compan for pushing back on Musk’s #returntooffice #policy, according to a copy of the #complaint obtained by Platformer. Specifically, it accused X of violating #federallaw that prevents #employers from #retaliating against #workers for discussing their #workingconditions and #organizing with colleagues. platformer.news/p/how-one-form

  25. A major consideration is that #constitutional #amendments are enacted based on the #OrderOfEffect, not the #OrderOfPrecedence. So the #1stAmendment is not any more important under the #Constitution than the #14thAmendment.

    Indeed being #UnrestrictedInScope when ratified, the 14th modifies the #Constitution, the #BillofRights, the first 13 #Amendments, #federallaw, and #statelaws. It adds the #dictate that they must be #interpreted to ensure #equalprotection under the #law. (2/8)