SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power.

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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. The law defines an animal facility as any place that houses or breeds animals used for food production, agriculture, or research.

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SCOTUSBlog

FEBRUARY 4, 2022

Brent Newton is a visiting professor of law at Penn State-Dickinson School of Law. He previously taught seminars on Breyer’s jurisprudence at American University Washington College of Law. These pragmatists consider the real-world consequences of the court’s decisions and value stare decisis and narrow rulings.

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JURIST

APRIL 24, 2021

.” Even if the court had “doubts” about that rule, they should have provided “special justification” before overruling Miller and Montgomery , which they failed to do: How low this Court’s respect for stare decisis has sunk. … For most, the answer is yes. . … For most, the answer is yes.

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SCOTUSBlog

MARCH 30, 2022

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. That’s all for this week. Until next time, stay safe !

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The Crime Report

APRIL 8, 2022

We also have a much higher rate of plea bargain cases than the rest of the world: almost 20 percent higher than just about any other common law country. TCR: The first part of your book focuses on the roots of the current legal system in English Common. Plea bargaining coincided with overt classism in the legal system.

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The Crime Report

MAY 18, 2021

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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SCOTUSBlog

APRIL 18, 2022

He contends that “a clear statute does not stand on the same footing as an invalid regulation purporting to implement it” because “[t]he statute is law; the regulation is not.” In particular, George points to House and Senate committee reports that endorse case law from the U.S.

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SCOTUSBlog

APRIL 12, 2022

Cogdill is the latest in a long line of petitions urging the Supreme Court to revisit its jurisprudence under the “qualified immunity” doctrine, which grants law enforcement officials immunity from civil suits for violating constitutional rights if those rights were not “clearly established” at the time they acted.

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JonathanTurley

AUGUST 7, 2022

These signatories seek to sanction Barrett for holding opposing views on issues that have divided the court and the legal profession for decades. The point is only that the case is protected by the same principles of a stare decisis as other cases, which affords protection to precedent but does not make such cases inviolate.

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SCOTUSBlog

MAY 11, 2022

In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause. relisted after the April 29 conference). Securities and Exchange Commission v. Cochran , 21-1239. relisted after the April 29 conference). Returning Relists. Texas , 21-6001.

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SCOTUSBlog

APRIL 20, 2022

The court ruled that the Supreme Court had not formally overruled earlier case law supporting the theory that registration supports general jurisdiction. Animal Legal Defense Fund. The law defines an animal facility as any place that houses or breeds animals used for food production, agriculture, or research. Next up is Kelly v.

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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. Court of Appeals for the 1st Circuit upheld the rule, finding it to be a reasonable interpretation of federal law. Paul Clement argues for Loper Bright Enterprises.

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SCOTUSBlog

MARCH 20, 2023

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The question for the court is whether the law reaches infringing conduct outside the United States. It can first claim that the Congress intended to apply the law globally.

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SCOTUSBlog

MAY 20, 2022

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc.

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SCOTUSBlog

JULY 6, 2022

Gilles is a professor of law at Quinnipiac University School of Law. Consider Alito’s description of how abortion differs from contraception and other recognized fundamental rights: “Abortion destroys what [ Roe and Casey ] call ‘potential life’ and what the law at issue in this case regards as the life of an ‘unborn human being.’”

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SCOTUSBlog

JUNE 2, 2022

The landowners note that in 2009, picking up on the court’s changing case law, the U.S. Traffic on the easement has only created problems since then, as increasing numbers of trespassers have entered their land. Court of Appeals for the 7th Circuit held that the Quiet Title Act’s statute of limitations is not jurisdictional.

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SCOTUSBlog

JUNE 7, 2022

Kapoor and Lee were convicted of racketeering for allegedly paying doctors through the mechanism of retaining them for phony speaking engagements to increase prescriptions of their drug, heedless of the abuse potential of the synthetic opioid.

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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. In Monday’s orders , the Supreme Court disposed of three relists. Cincinnati seeks review in City of Cincinnati, Ohio v.

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SCOTUSBlog

DECEMBER 1, 2021

But today, the only attendees will be the three arguing lawyers (and their second chairs), essential court personnel, most if not all of the justices’ law clerks, two spouses of justices, three sketch artists, and 18 news correspondents. They’ve poisoned the law. And in due time, the justices themselves.

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Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

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JonathanTurley

NOVEMBER 29, 2021

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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SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.

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SCOTUSBlog

NOVEMBER 29, 2021

Pro-life advocates argue laws like Mississippi’s Gestational Age Act , a 15-week abortion limit, are clearly constitutional. abortion law, which currently allows unlimited abortion up to birth under Roe v. The abortion providers’ case relies heavily on stare decisis. Law professor Helen Alvaré et al.

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JonathanTurley

DECEMBER 5, 2021

Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. She said many abortion opponents, including the sponsors of the Mississippi abortion law at issue, hoped her three new colleagues would allow for the reversal or reduction of Roe v. They are not the only figures showing such selective outrage.

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SCOTUSBlog

FEBRUARY 17, 2022

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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ClimateChange-ClimateLaw

DECEMBER 6, 2021

Since about the time these lawyers were born, the days were waning when the Constitution was only for men; we attended law school when, for the first time in history, female students began to equal the number of male students. It is an assault on our very lives and freedom. Wade to Plessy v. For anyone who listened, the Dobbs v.

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SCOTUSBlog

JULY 7, 2022

8, a Texas law that bans nearly all abortions in the state. Although the law conflicted directly with Roe v. Casey , the court’s long-standing decisions holding that the Constitution protects the right to have an abortion before a fetus can survive outside the womb, the court nonetheless allowed the law to go into effect on Sept.

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Laws Stare Decisis Court Statute 102

JonathanTurley

MAY 4, 2022

No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent.

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JonathanTurley

SEPTEMBER 12, 2022

I wanted to briefly respond on why the column replicates the historical and legal flaws of the Harris comments. But the bottom-line result isn’t the only reason for the fury…The inflamed public reaction stems also from the fact that the law changed because the court’s membership changed.” Sheldon Whitehouse (D-R.I.)

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SCOTUSBlog

NOVEMBER 30, 2021

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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SCOTUSBlog

NOVEMBER 29, 2021

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.”

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JonathanTurley

DECEMBER 16, 2021

finally buried her former persona as a law professor. In a transition that began in 2011, Warren has struggled with the demands of politics that often pit her against core legal principles. However, the Warren op-ed was her Rubicon where she crossed over from being a law professor to being a politician. This week, Sen.

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SCOTUSBlog

JANUARY 26, 2022

During a nearly 28-year career on the court, Breyer shunned rigid approaches to legal interpretation, often seeking functional rulings with an eye toward real-world consequences. Religion was another area in which Breyer, who is Jewish, sought to reach a solution that worked, even if it did not necessarily hew closely to legal orthodoxy.

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