Patently O

FEBRUARY 24, 2022

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

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Immigration Statute Government Tort 81

JURIST

AUGUST 27, 2023

Texas District Court Judge Maria Cant ú Hexsel temporarily blocked SB 14 , which bans gender-affirming care for minors and restricts children already taking gender-affirming prescription drugs, from going into effect on Friday. The case is in the District Court of Travis County, Texas.

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Laws Healthcare Attorney Statute 197

The Crime Report

SEPTEMBER 2, 2022

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. Others – Georgia, Florida and Texas – chose a different path, retaining the punishment but guiding discretion by narrowing and specifying the class of death-eligible crimes.

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Constitutional Law Reporter

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.” New Jersey , 379 U.S.

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Constitutional Law Court Statute Government 59

SCOTUSBlog

SEPTEMBER 3, 2021

Lumpkin , James Broadnax asks for the Supreme Court to review a lower-court decision that prevented him from introducing evidence that may have proved racial bias in his trial. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigation Litigating Court Attorney 87

HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G.

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The Crime Report

JUNE 22, 2022

The Marietta decision, which concerns discrimination against individuals with end-stage renal disease, potentially provides businesses with a workaround they can use to avoid triggering LGBTQ anti-discrimination laws.

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Court Decisions Court Statute Government 52

SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Below we briefly discuss those 14 cases. So perhaps unsurprisingly, many of the relisted petitions – six of them – implicate the First Amendment. Gonzalez v. A divided panel of the U.S.

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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. McCall , the other case raising the issue, which the court will now hold pending the outcome of Mallory. Next up is Bartenwerfer v.

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Statute Stare Decisis Court Drafting 81

The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. The Texas Legislature in 1991 enacted the state’s first sex offender registration program.

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Statute Court Felony Attorney 119

SCOTUSBlog

APRIL 26, 2024

Court of Appeals for Veterans Claims (the “Veterans Court”) to “take due account of the Secretary’s application of section 5107(b)” as part of its review of benefits appeals. In reviewing the Veterans Court decision, the U.S. We’ll know more soon. Until next time! New Relists Medical Marijuana, Inc. Florida and Moore v.

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SCOTUSBlog

MAY 20, 2022

The court will hold the other case raising that question, Ham v. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Breckon , pending the outcome in Jones. This week we have only one new relist: Thomas v. rescheduled before the Jan.

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Stare Decisis Court Lawyer Lawyers 121

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In United States v. 1226(c) ) or entry of a final order of removal ( 8 U.S.C. 1231(a)(2) ).

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Immigration Court Rules Court Entertainment 52

ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Two other states—Texas and North Dakota—filed an amicus brief supporting EPA; the petitioners opposed their participation on procedural grounds. Clean Air Council v. Pruitt , No.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

In October, the federal district court for the Eastern District of Texas denied the plaintiff’s request for a preliminary injunction. Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. Optimus Steel, LLC v. Army Corps of Engineers , No. 1:20-cv-00374 (E.D.

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Court Government Litigation Litigating 55

SCOTUSBlog

JANUARY 25, 2022

Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund.

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Court Rules Court Statute Education 123

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision.

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Court Rules Contract Laws Court 40

SCOTUSBlog

JANUARY 12, 2022

Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Environmental Protection Agency , 21-454 , is a long-running Clean Water Act dispute that has already been the subject of one major Supreme Court decision. Brackeen , 21-377 , Texas v. Texas , 21-5050. New Relists.

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Court Statute Education Laws 108

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

DECEMBER 11, 2023

The Court noted that the “Secretary had never previously claimed powers of this magnitude [under the Act]” and that the “economic and political significance” of the action was “staggering”. And in the Fifth Circuit’s Texas v. Chevron established a framework for courts to analyze agency action. Raimondo and Relentless v.

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Legal Legal Court Statute 61

SCOTUSBlog

JUNE 30, 2022

Texas held criminal “deviant intercourse” laws violated the 14th Amendment under rational basis review. This minimal test requires government action to have a legitimate purpose and the law in question to be rationally related to that purpose. Occasionally, “rational basis with teeth” finds laws lack even a legitimate purpose – Lawrence v.

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Laws Court Government Statute 92

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. In addition, the court rejected the federal-officer removal statute, federal enclave jurisdiction, and the Class Action Fairness Act as grounds for removal. Northern Plains Resource Council v. 20-35412 (9th Cir.

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Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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Court Statute Government Litigation 42

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. DECISIONS AND SETTLEMENTS. 20-1530 (U.S. 29, 2021); North American Coal Corp. 20-1531 (U.S. County of Maui v.

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Court Government Construction Litigation 40

The Crime Report

JUNE 27, 2022

State governments are already responding to the Dobbs decision with new regulations banning abortion or working to reinforce protections for people seeking abortions in their states across state lines. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Law: Texas HB1280.

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Felony Statute Laws Court Decisions 59

ClimateChange-ClimateLaw

AUGUST 4, 2021

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. Biden , No. 3:21-cv-00065 (S.D. July 12, 2021).

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Court Litigation Litigating Government 40

ClimateChange-ClimateLaw

MARCH 6, 2018

DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). order setting schedule Mar. 1, 2018; order denying remand and notice re tutorial Feb.

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Court Government Laws Litigation 40

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

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SCOTUSBlog

FEBRUARY 16, 2024

Both cases are now before the Supreme Court. Because of the wrinkles of the court’s jurisdictional statutes, Garcia comes from the three-judge district court directly to the Supreme Court as an appeal over which the court has mandatory jurisdiction. Palmer would ordinarily go through the U.S. . 12 and Jan.

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Court Laws Statute Court Decisions 92

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

Two principal federal antitrust statutes govern agreements among competitors: the Sherman Act of 1890, which prohibits monopolization and unlawful trade restraints, and the Clayton Act of 1914, which identifies additional prohibited conduct, including with respect to interlocking directorates, and mergers and acquisitions.

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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. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

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SCOTUSBlog

JANUARY 13, 2021

This case has been very closely watched as an indication of how the justices appointed by President Donald Trump might affect the court’s abortion jurisprudence — and particularly, about the effect of replacing Justice Ruth Bader Ginsburg with Justice Amy Coney Barrett. — how about Texas v. Abbott , 20-305. Gutierrez v.

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Court Government Laws Statute 81