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Morning Docket: 06.28.22

Above The Law

Stare decisis? A matter of judgment: Louisiana judge temporarily prevents abortion ban from kicking in. appeared first on Above the Law. * Here's a map showing the legality of abortion, state by state. [ The Guardian ]. I hardly knew her! [ States scramble to prevent the 2nd Amendment from being an absolute right. [

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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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Denials of review in five cases draw dissents from various justices

SCOTUSBlog

Natural Resources Defense Council , holding that courts should defer to a federal agency’s interpretation of the laws it administers if those laws are ambiguous. On remand, the state court of appeals ruled that any error was harmless, and the Louisiana Supreme Court denied review.

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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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Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUSBlog

Share Mary Ziegler is a law professor at Florida State University and the author of Abortion and the Law in America: Roe v. 8 , the Texas law, added a new wrinkle to the so-called heartbeat laws that have become standard fare in conservative states. Wade to the Present.

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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.