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A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

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. Case in point: Texas v. Texas , a capital case from the Lone Star State.

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Another look at qualified immunity

SCOTUSBlog

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. Texas , 21-5050.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

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. 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.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury. Court of Appeals for the 8th Circuit upholding a similar Iowa law. By contrast, the petition in Mallory v.

Statute 105
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Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

SCOTUSBlog

The FCA gives the government a fair amount of ability to control the litigation. Then the government can intervene if it wishes and take the lead in litigating the case; or it can decline to intervene and let the relator litigate the case. Texas prisoner Anibal Canales Jr. Texas , 21-6001. Last up is Canales v.

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Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

They contend that overbroad application of the court’s older precedents essentially would “ federaliz[e] much medical-malpractice litigation ,” and say the court should use this case as an opportunity to clarify the proper tests for recognizing a private right of action. Texas , 21-6001. Returning Relists.

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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. 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. The Mississippi law and the court’s abortion precedents.