SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. 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.

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Statute Stare Decisis Court Manufacturing 105

The Crime Report

SEPTEMBER 2, 2022

They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The court issued a cryptic and unusual “per curiam” decision – one which is a given in the name of the court rather than any specific judges. What they got instead was something less.

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Statute Lawyer Lawyers Court 105

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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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. MoneyGram applied the common-law escheatment practices outlined in Texas v. In Delaware v. New Jersey , 379 U.S.

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Constitutional Law Court Statute Government 59

SCOTUSBlog

SEPTEMBER 3, 2021

Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. 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

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

SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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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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Drafting Laws Court Court Rules 100

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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SCOTUSBlog

APRIL 26, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. The district court refused, but the U.S.

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SCOTUSBlog

APRIL 27, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In Monday’s orders , the Supreme Court disposed of three relists. To begin with the unhappy news (at least for petitioners), the court denied review without comment in one-time relist Kelly v.

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Statute Stare Decisis Court Drafting 80

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. On the merits, the District Court found the Guidelines unlawful and vacated them. In United States v. 1231(a)(2) ).

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Immigration Court Rules Court Entertainment 52

SCOTUSBlog

MAY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. That’s all for this week.

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Stare Decisis Court Lawyer Lawyers 120

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. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order.

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Statute Court Felony Attorney 119

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Court Government Litigation Litigating 55

ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. 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. The court therefore found that the stay was unauthorized and vacated it. DECISIONS AND SETTLEMENTS. FEATURED CASE. A divided D.C.

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JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. 1982), the Supreme Court addressed a boycott of white-owned businesses in Mississippi. District Court Judge Mark Cohen ruled for Martin on the core constitutional challenge. Court of Appeals for the Eighth Circuit on Feb. In NAACP v.

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Court Rules Contract Laws Court 39

SCOTUSBlog

JANUARY 25, 2022

Unlike the Harvard University case , in which the same petitioner, Students for Fair Admissions, is asking the Supreme Court to reverse a decision by the U.S. And from August 2004 through February 2019, the court did not grant a single petition for cert before judgment (in United States v. Research by Steve Vladeck.

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Court Rules Court Statute Education 123

SCOTUSBlog

JANUARY 12, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will vote to grant the last cases that will be argued this term (barring expedited briefing on some emergency matter). The court earlier asked for the U.S.

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Court Statute Education Laws 108

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

DECEMBER 11, 2023

When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. In the Supreme Court’s recent decision Biden v. And in the Fifth Circuit’s Texas v. Other legal challenges have also arisen.

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Legal Legal Court Statute 62

SCOTUSBlog

JUNE 30, 2022

Texas held criminal “deviant intercourse” laws violated the 14th Amendment under rational basis review. Additionally, travel distance is a known barrier to care that jeopardizes health, which the court recognized in 2016 in Whole Woman’s Health v. Hellerstedt. Some states, like California, pay for low-income patients’ care.

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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. The court dismissed a challenge to a third LNG terminal on the Channel as moot after the developer informed FERC that the project would not go forward. DECISIONS AND SETTLEMENTS. 20-1045 (D.C.

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Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.

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Court Government Laws Litigation 40

ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. In a 7-1 decision, the U.S. The Court’s decision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,

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Court Statute Government Litigation 42

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit Decision Vacating Affordable Clean Energy Rule. Supreme Court seeking review of the D.C. 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.

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Court Government Construction Litigation 40

ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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Court Litigation Litigating Government 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

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. DECISIONS AND SETTLEMENTS. s consumer protection statute.

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SCOTUSBlog

FEBRUARY 16, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s been a blissful, relist-free month since the court’s last conference. Palmer , which was overseen by a conventional one-judge district court, was decided first. Palmer would ordinarily go through the U.S.

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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

Numerous groups attack the viability standard that the court adopted in Roe v. Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. Amicus briefs supporting Mississippi. The viability framework. Against stare decisis.

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SCOTUSBlog

JANUARY 13, 2021

How does the Supreme Court possibly top the excitement of last Friday’s fourteen new grants — including grants in a few important First Amendment cases? With 10 new relists, including some cases that could be blockbusters if the court decides to take them. — how about Texas v. John Elwood reviews Monday’s relists.

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Court Government Laws Statute 81