SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. Federal prisoners raise that issue in pending petitions in Ham v.

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SCOTUSBlog

APRIL 20, 2022

The government has filed a confession of error, agreeing the offense does not qualify. Further, the government states that it has determined that, consistent with its practice in similar cases, it will forgo reliance on Grzegorczyk’s guilty plea as a bar to postconviction relief. Goertz , 21-442.

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Conflict of Laws

MARCH 10, 2021

GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”. Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case.

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SCOTUSBlog

JANUARY 17, 2024

The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws. Solicitor General Elizabeth Prelogar argues on behalf of the federal government. Litigants,” she said, “will come out of the woodwork.”

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SCOTUSBlog

JUNE 7, 2022

The False Claims Act allows private parties, known as relators, to sue in the name of the United States defendants who allegedly have submitted false or fraudulent claims to the government, and they’re permitted to recover a share of any sums they win for the federal government. relisted after the June 2 conference). Polansky v.

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SCOTUSBlog

MARCH 20, 2023

Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis. The government argues that as long as such effects on consumers occur in the United States, foreign infringement of a U.S.

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Patently O

OCTOBER 4, 2021

The Supreme Court has now issued a Call for the Views of the Solicitor General (CVSG)–seeking the government’s input on whether to hear the case. Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Eldred , 206 U.S. 285 (1907). Eldred , 206 U.S.

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SCOTUSBlog

JANUARY 16, 2024

But the NMFS’s interpretation of the law as obligating the industry, rather than the government, to bear the costs is a reasonable interpretation under the second step of Chevron , the court of appeals ruled. Although stare decisis analysis may apply to that holding, it does not apply to the interpretative methodology outlined in Chevron.

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Conflict of Laws

DECEMBER 17, 2020

Successive Nigerian governments across all tiers have made the attraction of foreign investments a cardinal part of their economic policies and have accordingly made deliberate efforts and committed abundant resources to attract foreign investments into Nigeria. [1]

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ClimateChange-ClimateLaw

DECEMBER 6, 2021

For us, Supreme Court precedent, yes stare decisis, is loud and clear : Women, and the privacy and integrity of our bodies and our equal status under law, are written in the silent ink of the Constitution through the fifth and fourteenth amendments. For anyone who listened, the Dobbs v. The boat is sinking. What will our Justices do?

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SCOTUSBlog

NOVEMBER 29, 2021

In the Texas cases, the justices will decide whether abortion providers or the federal government can sue to block the law’s unusual private-enforcement structure. Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent.

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SCOTUSBlog

JANUARY 26, 2022

He explained that the purpose of the recess appointments clause is to ensure that the government can operate even if the Senate is not in session to confirm nominees, so it doesn’t matter what label the session carries. Breyer’s penchant for pragmatism was on full display in his 2014 opinion for the court in National Labor Relations Board v.

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