“Supreme Court murders stare decisis. Alea iacta est.”
HowAppealing
JULY 1, 2022
“Supreme Court murders stare decisis. Alea iacta est.” Columnist Dana Milbank has this essay online at The Washington Post.
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Two death penalty cases and free speech at animal facilities
SCOTUSBlog
DECEMBER 10, 2021
In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. Washington. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Ineffective assistance of counsel. Filing a new petition in a second Andrus v.
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Justice Breyer: A pragmatic moderate
SCOTUSBlog
FEBRUARY 4, 2022
He previously taught seminars on Breyer’s jurisprudence at American University Washington College of Law. Two spectrums exist among Supreme Court justices, particularly those who have served since the New Deal ushered in the modern America. For instance, Thomas’ score for his time on the court generally has been above 3.0,
A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim
SCOTUSBlog
MARCH 30, 2022
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.
Another look at qualified immunity
SCOTUSBlog
APRIL 12, 2022
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Dennis noted that the Supreme Court had only recently in Taylor v. Cope now seeks Supreme Court review, supported by three amicus briefs. A short explanation of relists is available here.
Challenges to administrative action and retroactive relief for prisoners
SCOTUSBlog
MAY 11, 2022
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.
Animal rights and the First Amendment, due process and a confession of error
SCOTUSBlog
APRIL 20, 2022
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.
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