Remove Court Rules Remove Laws Remove Stare Decisis Remove Texas
article thumbnail

Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUSBlog

Share Mary Ziegler is a law professor at Florida State University and the author of Abortion and the Law in America: Roe v. Casey in 1992, the hallmark of the Supreme Court’s jurisprudence has been an effort to take the abortion issue seriously. 8 — will enforce Texas’ ban and thus can be sued in advance.).

article thumbnail

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. 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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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. Case in point: Texas v. Texas , a capital case from the Lone Star State.

article thumbnail

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

SCOTUSBlog

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. Court of Appeals for the 10th Circuit affirmed. Court of Appeals for the 8th Circuit upholding a similar Iowa law.

Statute 105
article thumbnail

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.

article thumbnail

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.

article thumbnail

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

SCOTUSBlog

Share If the Supreme Court’s 2021-22 term had a soundtrack, it might be “With or Without You,” the 1987 anthem by the Irish rock group U2. The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. Wade and Planned Parenthood v.

Laws 101