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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. Ineffective assistance of counsel. Washington.

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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

The lower courts blocked Minerva from asserting invalidity because Minerva’s founder had filed the original patent applications and then sold the patent rights, which eventually ended up with Hologic. The lower courts ruled that the founder’s original assignment of patent rights prevented, or “estopped,” Minerva from contesting validity.

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

SCOTUSBlog

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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

SCOTUSBlog

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Norfolk Southern Railway Co. ,

Statute 101
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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

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. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.

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

JonathanTurley

Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. The statement seemed directed at Sotomayor’s three new colleagues and the effort to use the new court composition to seek the reduction or overturning of Roe v. Here is the column: In Wednesday’s Supreme Court oral argument in Dobbs v.

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Justices to hear evangelical Christian postal worker’s religious accommodation case

SCOTUSBlog

DeJoy , the Supreme Court will consider whether to overturn a nearly 50-year-old precedent on how employers must accommodate their employees’ religious practices. In 1977, the Supreme Court ruled in Trans World Airlines v. Court of Appeals for the 3rd Circuit, which upheld that decision.