Stare Decisis, Statute and Texas

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

SCOTUSBlog

NOVEMBER 29, 2021

Wednesday’s argument in Dobbs , which involves a Mississippi ban on almost all abortions after the 15th week of pregnancy, comes 30 days after the court heard arguments in another consequential abortion controversy: a pair of challenges to a six-week abortion ban that took effect in Texas on Sept. Stare decisis and the Kavanaugh test.

Stare Decisis

Stare Decisis Court Laws Statute

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

DECEMBER 10, 2021

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. Texas , Andrus maintains that the Texas court disregarded the Supreme Court’s express guidance for conducting the prejudice analysis.

Stare Decisis

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

SCOTUSBlog

MARCH 30, 2022

Case in point: Texas v. That case, which involved Texas’ challenge to a regulation that delegated governmental authority to an actuarial group to set standards for Medicaid reimbursement, had been rescheduled twice and relisted six times going into last Friday’s conference. Texas , a capital case from the Lone Star State.

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Stare Decisis Court Felony Statute

We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

NOVEMBER 30, 2021

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

Stare Decisis

Stare Decisis Court Laws Legal

Another look at qualified immunity

SCOTUSBlog

APRIL 12, 2022

Texas , 21-5050. Issue : Whether the statute of limitations for a 42 U.S.C. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. relisted after the April 1 conference). Returning Relists. relisted after the Jan. Goertz , 21-442. relisted after the Feb.

Stare Decisis

Stare Decisis Court Statute Litigation

Are timing limits on property owners’ claims jurisdictional?

SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Texas , 21-6001. Court of Appeals for the 9th Circuit affirmed.

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Stare Decisis Statute Court Government

Allegations of racial bias in a death penalty trial

SCOTUSBlog

MAY 20, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Texas , 21-6001.

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Stare Decisis Administrative Law Statute Government

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

SCOTUSBlog

APRIL 20, 2022

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. was filed by a plaintiff seeking to enforce a similar registration statute. In Cooper Tire & Rubber Company v.

Statute

Statute Stare Decisis Court Manufacturing

Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. Goertz , involving the question of what statute of limitations state prisoners face when raising claims seeking DNA testing of crime-scene evidence.

Statute

Statute Stare Decisis Court Drafting

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

JonathanTurley

NOVEMBER 29, 2021

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. After Dobbs was accepted with its 15-week limit, advocates sought to enjoin a Texas law that banned abortion after just six weeks.

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Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. To begin with, the statute requires that the lawsuit be retained under seal while the government investigates the allegations. Texas prisoner Anibal Canales Jr. Texas , 21-6001.

Government

Government Stare Decisis Court Litigation

Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. A close reading of Stenberg v.

Stare Decisis

Stare Decisis Court Laws Drafting

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

The Crime Report

APRIL 8, 2022

I cite a story in the book from Tulia, Texas , where a cop goes out and arrests around 10 percent of the black people in town and frames them for drug crimes that they didn’t commit. Lo and behold, most of them pleaded guilty because they felt like they had no other choice. DC: The law exists to protect capital.

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Stare Decisis Lawyer Lawyers Legal

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

SCOTUSBlog

JULY 7, 2022

8, a Texas law that bans nearly all abortions in the state. Empire Health Foundation did not mention Chevron at all, even though Chevron loomed large in the briefing for both cases, which involved agency interpretations of complex Medicare statutes. An abortion prelude. Although the law conflicted directly with Roe v. The fall of Roe.

Laws

Laws Stare Decisis Court Statute

Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

JonathanTurley

DECEMBER 5, 2021

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. Texas , which overturned prior precedent allowing the criminalization of homosexual relations. Sheldon Whitehouse (D-R.I.)

Stare Decisis

Stare Decisis Court Laws Legal

Paralegal Brief

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

Two death penalty cases and free speech at animal facilities

Trending Sources

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

We read all the amicus briefs in Dobbs so you don’t have to

Another look at qualified immunity

Are timing limits on property owners’ claims jurisdictional?

Allegations of racial bias in a death penalty trial

Challenges to administrative action and retroactive relief for prisoners

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

Private rights of action, overtime pay, and the constitutionality of a billboard tax

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

Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

Justice Breyer: A formidable defender of reproductive rights

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

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

Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

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