At the Lectern

APRIL 27, 2023

City of Rancho Palos Verdes , the Supreme Court today holds immunity under Government Code section 830.6 , that generally protects California public entities and employees from liability for injuries “caused by the plan or design of a construction of, or an improvement to, public property,” is not as broad as government defendants want.

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SCOTUSBlog

FEBRUARY 4, 2022

Idealogues have sought to reshape the court’s jurisprudence in their own ideological vision, whether liberal or conservative, often at the expense of stare decisis and typically voiced most vigorously in dissenting opinions. Think of Marshall and William Brennan in death-penalty cases.

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SCOTUSBlog

DECEMBER 10, 2021

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. Intellectual disability and the death penalty. United States.

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HowAppealing

DECEMBER 22, 2021

“The Truth About Stare Decisis: Justice Kavanaugh presented a view of precedent that centers on republican self-government.” ” Andy Smarick has this post at the “Law & Liberty” blog.

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SCOTUSBlog

JUNE 24, 2022

Although the Supreme Court’s decisions in Roe and Casey established such a right, Alito continued, those decisions should nonetheless be overruled despite the principle of stare decisis – the idea that courts should not overturn their prior precedent unless there is a compelling reason to do so.

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SCOTUSBlog

MARCH 30, 2022

Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. That’s all for this week. Until next time, stay safe ! New Relist. Texas , 21-6001.

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SCOTUSBlog

JULY 1, 2021

On this front, the court largely embraced the middle ground the government advanced in a friend-of-the-court brief. The government’s brief urged the court to preserve assignor estoppel but limit it “to its equitable core.” To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue.

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SCOTUSBlog

APRIL 15, 2021

Instead, the theory posits, the existence of any such exemptions for “favored” activity triggers a presumptive right to a religious exemption that the government can only deny if it satisfies strict scrutiny. For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne.

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SCOTUSBlog

APRIL 18, 2022

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

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SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. The government didn’t respond to that suggestion, although it filed a rather embarrassing letter admitting that the SEC’s prosecutors had accessed the SEC adjudicator’s files (albeit not in Cochran’s own case). Returning Relists.

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SCOTUSBlog

NOVEMBER 7, 2022

Apparently,” wrote Thomas (who indicated that he would have denied the Navy’s request), the Supreme Court “cares about the chain of command when considering money-damages suits against the Government, but our concerns evaporate when servicemen seek injunctions against their superior officers’ personnel decisions.”. Khorrami v. In Khorrami 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.

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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.

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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

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. Other courts have adopted other standards. 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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SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Court of Appeals for the 9th Circuit affirmed.

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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. Of course, procedure can and often does have a major impact on substantive rights. We know about issue preclusion and claim preclusion. Brief in opposition ].

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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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SCOTUSBlog

APRIL 17, 2023

Groff assures the court that it can overturn Hardison without worrying about stare decisis – the idea that courts should not overrule their prior cases unless there is a compelling reason to do so – because the Supreme Court in Hardison was not interpreting Title VII at all.

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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.

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SCOTUSBlog

JULY 7, 2022

The court had ruled in 2008 that the Second Amendment protects the right to have a firearm in the home, and in 2010 it had affirmed that both states and the federal government must respect that right. Kurtzman to determine whether a government law or practice violates the establishment clause. In Kennedy v.

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Fordham Law News

JANUARY 5, 2024

9] In fact, many sports leagues benefit from this exemption when it comes to the rules that govern their relationship with the players. [10] 13] The Court defended the exemption largely on the grounds of stare decisis and congressional acquiescence, tasking Congress with changing the long-standing law if they felt the need. [14]

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JonathanTurley

SEPTEMBER 12, 2022

demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. The Constitution invests the president with the power to nominate new justices because he (with the Vice President) are the only nationally elected officials in our government.

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SCOTUSBlog

NOVEMBER 30, 2021

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the stare decisis values of consistency, dependability, and predictability and are entitled to minimal stare decisis respect.”

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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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The Crime Report

NOVEMBER 19, 2021

Or does stare decisis make it stuck as a precedent? The other situation is where the Supreme Court defines constitutional rights that limit what state and local governments can do. If the Supreme Court declares that all affirmative action violates equal protection, there’s nothing a state government can do. Some will act.

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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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