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Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

JonathanTurley

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. After denouncing the recent leak of the draft opinion that would overturn Roe v. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent.

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I Ran Justice Alito’s Draft Abortion Opinion through the BriefCatch Legal Editing Software. Here’s What Happened.

LawSites

The surreptitiously leaked draft of Justice Samuel Alito’s majority opinion overturning Roe v. But, legal tech nerd that I am, I wondered how the draft would fare if I subjected it to the scrutiny of the legal editing software BriefCatch , which recently rolled out a new-and-improved version 3 of its product.

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Supreme Court overturns constitutional right to abortion

SCOTUSBlog

The Supreme Court on Friday eliminated the constitutional right to obtain an abortion, casting aside 49 years of precedent that began with Roe v. In one of the most anticipated rulings in decades, the court overturned Roe , which first declared a constitutional right to abortion in 1973, and Planned Parenthood v.

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Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

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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SCOTUS nominee Ketanji Brown Jackson faces questions from senators on second day of confirmation hearings

JURIST

She said she also relies upon precedent and the concept of stare decisis to reach her judgment and form an opinion. Her understanding of the text stems from the text at the time of its founding and what was meant by those who drafted it.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Justice Stephen Breyer’s retirement from the Supreme Court at the end of this term will mark the end of an era. Both he and Justice Ruth Bader Ginsburg — who untimely passed early in the 2020-21 term — shared similar ideological perspectives, approaches to judicial review, and paths to the Supreme Court. In Whole Woman’s Health v.