JonathanTurley

MAY 14, 2022

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. I have long questioned the weight given stare decisis in constitutional cases.

Stare Decisis 46

Stare Decisis Court Drafting Education 46

LawSites

JUNE 2, 2022

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.

Drafting 96

Drafting Stare Decisis Legal Legal 96

SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. I suspect one of the justices wrote a draft separate opinion that was sufficiently persuasive to shake loose the necessary votes for a grant.

Statute 80

Statute Stare Decisis Court Drafting 80

SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

Stare Decisis 145

Stare Decisis Court Statute Government 145

SCOTUSBlog

FEBRUARY 17, 2022

Breyer is meticulous, combing through the district court record, elevating empirical data, canvassing science, and interrogating the legal standards applied by the lower court. Second, Breyer explained that the law imposed “‘an undue burden on a woman’s ability’ to choose” abortion.

Stare Decisis 121

Stare Decisis Court Laws Drafting 121

SCOTUSBlog

JULY 7, 2022

The limits came through a legal theory known as the “major questions” doctrine, the idea that if Congress wants to give a federal agency the authority to make decisions with “vast economic and political significance,” it must clearly say so.

Laws 101

Laws Stare Decisis Court Statute 101

JonathanTurley

MAY 4, 2022

The response to the leaked draft opinion overturning Roe v. The draft opinion written by Justice Alito declares “We hold that Roe and Casey must be overruled. No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. Wade has unleashed a torrent of outrage on the left.

Stare Decisis 10

Stare Decisis Drafting Court Laws 10