The Crime Report
MAY 18, 2021
“The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent. She argued the Court has offered no “special justification,” as required, for breaking from the precedent set in Mille r and has therefore circumvented stare decisis , the legal principle that states the court must follow previous precedents.
SCOTUSBlog
NOVEMBER 30, 2021
Three physicians and the Catholic Association Foundation write that advances in science have “painted an intimate portrait of the fetus and its humanity” and therefore the court’s viability framework is outdated. Against stare decisis. State abortion restrictions, they say, should be subject only to rational-basis review.
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SCOTUSBlog
NOVEMBER 29, 2021
The abortion providers’ case relies heavily on stare decisis. Their brief asserts that not one but “two generations … have come to depend on the availability of legal abortion” – that essentially women have built their lives around abortion. When decisions prove hopelessly unworkable, doubling down is senseless.
SCOTUSBlog
MAY 20, 2022
Thomas also argues that he was denied his constitutional right to the effective assistance of counsel because his lawyer did not object to, or seek to strike, any of those jurors, and failed to ask two of them a single question about their bias.
SCOTUSBlog
APRIL 20, 2022
Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Animal Legal Defense Fund. Animal Legal Defense Fund , 21-760. New Relists.
Conflict of Laws
DECEMBER 17, 2020
Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.
SCOTUSBlog
APRIL 27, 2022
To begin with the unhappy news (at least for petitioners), the court denied review without comment in one-time relist Kelly v. Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise.
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