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Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

Share When he ran for president in 2016, then-candidate Donald Trump promised to nominate Supreme Court justices who would vote to end the constitutional right to an abortion. If the court were to overturn Roe and Casey , access to abortion in America would shrink dramatically and immediately. Katie Barlow).

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Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUSBlog

At the same time, the court has spoken about women’s liberty, equal citizenship, and dignity. Trying to balance deeply held beliefs about abortion might not be the court’s job, and it is impossible to strike a balance that satisfies everyone. 8 — will enforce Texas’ ban and thus can be sued in advance.).

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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury.

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In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. 8, a Texas law that bans nearly all abortions in the state. The court’s third liberal, Justice Sonia Sotomayor, also dissented, though she did not join Roberts’ opinion.).

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