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

JonathanTurley

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.

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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 decision followed the leak in early May of a draft opinion showing that a majority of the justices were privately poised to take that step. A dozen other states have passed similar legislation, known as “trigger laws” because they were drafted to go into effect if Roe and Casey were overturned. On Friday, they made it official.

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

SCOTUSBlog

I suspect one of the justices wrote a draft separate opinion that was sufficiently persuasive to shake loose the necessary votes for a grant. There are three new relists, and two new kinda-sorta relists. Gorgi Talevski was a resident of Valparaiso Care and Rehabilitation, a state-run nursing facility near his family home in Indiana.

Statute 84
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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

Loper Bright insists that the justices can overrule the Chevron doctrine without having to consider principles of stare decisis – the idea that a court should not overrule its earlier decisions unless there is a very good reason to do so.

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Breyer will be remembered for judicial independence while serving on the court, a meticulous approach to analyzing the record and drafting opinions, and a commitment to stare decisis , consistently drawing upon well-established principles.