Court, Legal, Stare Decisis and Texas

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

DECEMBER 10, 2021

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.

Stare Decisis

Stare Decisis Court Court Rules Laws

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

SCOTUSBlog

MARCH 30, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

Stare Decisis

Stare Decisis Court Felony Statute

Another look at qualified immunity

SCOTUSBlog

APRIL 12, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Dennis noted that the Supreme Court had only recently in Taylor v. Cope now seeks Supreme Court review, supported by three amicus briefs. A short explanation of relists is available here.

Stare Decisis

Stare Decisis Court Statute Litigation

Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.

Stare Decisis

Stare Decisis Administrative Law Statute Government

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

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.

Statute

Statute Stare Decisis Court Manufacturing

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

The Crime Report

APRIL 8, 2022

A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. TCR: The first part of your book focuses on the roots of the current legal system in English Common. Plea bargaining coincided with overt classism in the legal system.

Stare Decisis

Stare Decisis Lawyer Lawyers Legal

Are timing limits on property owners’ claims jurisdictional?

SCOTUSBlog

JUNE 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s now June — the home stretch of the Supreme Court’s term, and yet there are still 33 cases still undecided. Court of Appeals for the 9th Circuit affirmed. Texas , 21-6001. New Relist.

Stare Decisis

Stare Decisis Statute Court Government

Allegations of racial bias in a death penalty trial

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.

Stare Decisis

Stare Decisis Court Lawyer Lawyers

A capital case that tests the right to represent oneself at trial

SCOTUSBlog

MAY 26, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Then, three days before trial, Cassano asked the trial court, “Is there any possibility I could represent myself?” Supreme Court precedent in concluding otherwise. Because the court decided Morgan v.

Stare Decisis

Stare Decisis Court Legal Legal

Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

SCOTUSBlog

JUNE 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court’s sprint to the end of the term continues. The court granted last week ’s one new relist, Wilkins v. This week’s conference marks the second of the court’s last four scheduled conferences.

Government

Government Stare Decisis Court Litigation

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

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.

Statute

Statute Stare Decisis Court Drafting

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

SCOTUSBlog

DECEMBER 1, 2021

Outside the Supreme Court building, crowds of demonstrators have gathered for today’s major argument in Dobbs v. All three legal teams have cut it a little close, and in a departure from normal custom, they do not greet each other or shake hands. Jackson Women’s Health Organization. And in due time, the justices themselves.

Stare Decisis

Stare Decisis Court Lawyer Lawyers

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

JonathanTurley

NOVEMBER 29, 2021

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. 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.

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Stare Decisis Court Laws Law School

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

JonathanTurley

DECEMBER 5, 2021

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. Jackson Women’s Health Organization, a challenge to the Mississippi abortion law.

Stare Decisis

Stare Decisis Court Laws Legal

Modernize U.S. abortion law — and return abortion policy to the democratic process

SCOTUSBlog

NOVEMBER 29, 2021

Jackson Women’s Health Organization , the Supreme Court will consider one question: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” Mississippi Attorney General Lynn Fitch and her team are urging the court to reverse Roe and return this issue to legislatures, the proper realm for policymaking.

Laws

Laws Stare Decisis Court Court Decisions

Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

FEBRUARY 17, 2022

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. Like Blackmun in Roe v.

Stare Decisis

Stare Decisis Court Laws Drafting

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

SCOTUSBlog

JULY 7, 2022

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. 8, a Texas law that bans nearly all abortions in the state. The court’s third liberal, Justice Sonia Sotomayor, also dissented, though she did not join Roberts’ opinion.).

Laws

Laws Stare Decisis Court Statute

Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

NOVEMBER 29, 2021

Share When he ran for president in 2016, then-candidate Donald Trump promised to nominate Supreme Court justices who would vote to end the constitutional right to an abortion. If the court were to overturn Roe and Casey , access to abortion in America would shrink dramatically and immediately. Katie Barlow).

Stare Decisis

Stare Decisis Court Laws Statute

We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Three physicians and the Catholic Association Foundation write that advances in science have “painted an intimate portrait of the fetus and its humanity” and therefore the court’s viability framework is outdated. Against stare decisis.

Stare Decisis

Stare Decisis Court Laws Legal

Stephen Breyer, pragmatic liberal, will retire at end of term

SCOTUSBlog

JANUARY 26, 2022

Share Justice Stephen Breyer, a devoted pragmatist and the senior member of the Supreme Court’s liberal wing, will retire from the court at the end of the 2021-22 term, NBC News reported on Wednesday. Court of Appeals for the 1st Circuit. appeals court judge named Ruth Bader Ginsburg to fill White’s seat.

Court

Court Stare Decisis Laws Legal

Paralegal Brief

Two death penalty cases and free speech at animal facilities

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

Trending Sources

Another look at qualified immunity

Challenges to administrative action and retroactive relief for prisoners

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

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

Are timing limits on property owners’ claims jurisdictional?

Allegations of racial bias in a death penalty trial

A capital case that tests the right to represent oneself at trial

Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

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

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

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

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

Modernize U.S. abortion law — and return abortion policy to the democratic process

Justice Breyer: A formidable defender of reproductive rights

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

Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

We read all the amicus briefs in Dobbs so you don’t have to

Stephen Breyer, pragmatic liberal, will retire at end of term

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