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Court rules unanimously that tax deadline is subject to equitable tolling

SCOTUSBlog

The court’s opinion confirms this view. The Boechler opinion requires that Congress make a “clear statement” to produce a jurisdictional statute. Because the statute is not jurisdictional, it is not exempt from equitable tolling, which by default applies to non-jurisdictional limitations periods under Irwin v.

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Post-Roe States Advised to Fight Abortion like Organized Crime

The Crime Report

A legal team for the National Right to Life Committee , which describes itself as the largest anti-abortion group in the country, has drafted model anti-abortion legislation for states to adopt, in addition to criminalizing abortion, the Independent reports.

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Case preview: Justices to consider procedural issue in major climate-change lawsuit

SCOTUSBlog

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. A remand order, the companies reason, “is a written command or direction that the case must be returned to state court”; it “necessarily rejects” all of the grounds for removal on which the defendant relied.

Statute 134
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LawProse Lesson 388: A Prewriting Checklist for Effective Legal Writing.?

Law Prose

or rule-establishing (contracts, regulations, statutes, etc.). Identify all applicable specifications (court rules, client requirements, etc.). Draft an outline. .); persuasive (briefs, motions, etc.); Define why you’re writing the piece—the precise result you seek. Determine the desired length.

Legal 40
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Justices lean toward split decision for suits challenging misleading securities registration statements

SCOTUSBlog

Pirani suggest a court leaning toward a split decision, rejecting liability under only one of the two securities-law statutes at issue in the case. Slack Technologies asks the court to apply two provisions of the Securities Act of 1933 to a relatively new method of going public known as a “direct listing.”

Statute 87
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Dobbs’s history and the future of abortion and privacy law

SCOTUSBlog

Dobbs reiterates the long-established principle that unwritten rights, to be enforced by courts, must be deeply rooted in our history. Applying that test, Dobbs holds: (a) From the 1200s to 1960, no statute, no English case, no state case, no federal case, no legal treatise, and no law-review article hinted at an abortion right.

Laws 142
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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

SCOTUSBlog

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims.

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