SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.” military veterans.

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Statute Stare Decisis Government Contract 105

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

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. Issue : Whether the statute of limitations for a 42 U.S.C. Goertz , 21-442.

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Stare Decisis Court Felony Statute 96

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 99

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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Stare Decisis Lawyer Lawyers Legal 139

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Animal Legal Defense Fund.

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Statute Stare Decisis Court Manufacturing 103

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. That’s all for this week.

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Stare Decisis Statute Court Government 84

SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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Stare Decisis Administrative Law Statute Government 78

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. Breckon , pending the outcome in Jones.

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Stare Decisis Court Lawyer Lawyers 120

SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. Whole Woman’s Health v.

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Stare Decisis Court Laws Drafting 121

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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Stare Decisis Court Laws Law School 37

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. relisted after the Jan.

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Stare Decisis Court Statute Litigation 109

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. Goertz , involving the question of what statute of limitations state prisoners face when raising claims seeking DNA testing of crime-scene evidence.

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Statute Stare Decisis Court Drafting 81

SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. To begin with, the statute requires that the lawsuit be retained under seal while the government investigates the allegations. The Supreme Court’s sprint to the end of the term continues.

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Government Stare Decisis Court Litigation 82

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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Court Contract Stare Decisis Entertainment 52

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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Stare Decisis Court Laws Legal 8