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Morning Docket: 06.28.22

Above The Law

* Here's a map showing the legality of abortion, state by state. [ Stare decisis? A matter of judgment: Louisiana judge temporarily prevents abortion ban from kicking in. appeared first on Above the Law. appeared first on Above the Law. The Guardian ]. I hardly knew her! [ The post Morning Docket: 06.28.22

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US Supreme Court rules on life imprisonment for juveniles

JURIST

Louisiana , judges could only sentence juvenile defendants to life imprisonment if they made a separate factual finding that the defendant could not be rehabilitated. It is hard to see how that approach is “founded in the law rather than in the proclivities of individuals,” [as Justice Kavanaugh said in an earlier decision].

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High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. Twenty-five states and the District of Columbia have banned life in prison without parole for children under state law.

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

JonathanTurley

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. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Breyer framed the question as whether the law violated the “Federal Constitution as interpreted in Planned Parenthood v. First, the law made no “exception for the preservation of the … health of the mother.” Second, Breyer explained that the law imposed “‘an undue burden on a woman’s ability’ to choose” abortion.

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

SCOTUSBlog

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments.

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

SCOTUSBlog

Twenty-one states have laws in place that would ban all or nearly all abortions if Roe and Casey fell. The Mississippi law and the court’s abortion precedents. The Mississippi law at the heart of the case is known as H.B. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.”