SCOTUSBlog

NOVEMBER 29, 2021

Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.” Stare decisis and the Kavanaugh test.

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JURIST

JANUARY 8, 2024

Public Interest Litigation is a legal action filed in the Supreme Court to address issues affecting the public or societal interests rather than individual concerns. The remission orders issued by the State of Gujarat on August 10, 2022, were deemed flawed for several reasons.

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SCOTUSBlog

NOVEMBER 30, 2021

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

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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

FEBRUARY 4, 2022

Idealogues have sought to reshape the court’s jurisprudence in their own ideological vision, whether liberal or conservative, often at the expense of stare decisis and typically voiced most vigorously in dissenting opinions. While on leave from Harvard, he served as a senior legal adviser in the Senate. The pragmatist.

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JURIST

DECEMBER 6, 2022

On Wednesday, December 7, the US Supreme Court will hear oral arguments in a case involving a fringe legal idea called the independent state legislature theory that poses a threat to the current system of election administration in the United States. Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. .

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SCOTUSBlog

NOVEMBER 7, 2022

Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights. Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC. The district court dismissed the action, but the U.S.

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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. In 2018, the Animal Legal Defense Fund – which, according to Kansas Gov. Animal Legal Defense Fund. Animal Legal Defense Fund.

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SCOTUSBlog

JANUARY 17, 2024

Roman Martinez, representing one group of fishing vessels, told the justices that the Chevron doctrine undermines the duty of courts to say what the law is and violates the federal law governing administrative agencies, which similarly requires courts to undertake a fresh review of legal questions.

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SCOTUSBlog

DECEMBER 1, 2021

All three legal teams have cut it a little close, and in a departure from normal custom, they do not greet each other or shake hands. He emphasizes the Casey court’s discussion of stare decisis, reading from the opinion and even giving the page numbers in the United States Reports. Casey did that,” she replies. “No,

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SCOTUSBlog

MARCH 30, 2022

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. That’s all for this week. Until next time, stay safe !

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SCOTUSBlog

MARCH 20, 2023

Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis. Those companies tend to prefer to seek legal relief under U.S. Under this theory, when a U.S. law in front of a U.S.

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The Crime Report

APRIL 8, 2022

TCR: The first part of your book focuses on the roots of the current legal system in English Common. Leniency disguised the overclass interests in the legal system in England at that time because it wasn’t really designed to do anything good for the working classes or for the poor. And I think that the answer is yes.

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The Crime Report

MAY 18, 2021

She argued the Court has offered no “special justification,” as required, for breaking from the precedent set in Mille r and has therefore circumvented stare decisis , the legal principle that states the court must follow previous precedents. “The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent.

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SCOTUSBlog

JULY 6, 2022

Yet instead of giving due legal effect to this difference, which Dobbs holds “sharply distinguishes” abortion from contraception, Roe and Casey expanded procreative liberty from Griswold ’s right to prevent pregnancy by contraception to the right to terminate it by abortion.

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SCOTUSBlog

NOVEMBER 29, 2021

The abortion providers’ case relies heavily on stare decisis. Their brief asserts that not one but “two generations … have come to depend on the availability of legal abortion” – that essentially women have built their lives around abortion. These arguments are unpersuasive for several reasons.

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SCOTUSBlog

MAY 20, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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JonathanTurley

NOVEMBER 29, 2021

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. For years, many analysts overhyped cases as possible death knells for Roe v. Dobbs has everything that you would need for a Roe -killing case.

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SCOTUSBlog

APRIL 12, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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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

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

APRIL 18, 2022

First, he cites legislative history demonstrating the general pro-claimant design of the veterans’ benefits laws as well as Congress’ more specific intent that the “clear and unmistakable error” remedy reach the kind of legal error at issue in the case.

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SCOTUSBlog

FEBRUARY 17, 2022

Breyer is meticulous, combing through the district court record, elevating empirical data, canvassing science, and interrogating the legal standards applied by the lower court. Second, Breyer explained that the law imposed “‘an undue burden on a woman’s ability’ to choose” abortion. Casey and Roe v.

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SCOTUSBlog

MAY 11, 2022

But Cochran’s brief, instead of saying the court should deny review or hold the case for Axon , argued that the court should instead grant plenary review and consider her case alongside Axon to make sure that all relevant legal issues are completely resolved. relisted after the April 29 conference). Securities and Exchange Commission v.

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SCOTUSBlog

JUNE 2, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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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. demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. In her column, What Chief Justice Roberts Misses , Marcus writes that.

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SCOTUSBlog

APRIL 20, 2022

Animal Legal Defense Fund. In 2018, the Animal Legal Defense Fund sought a declaratory judgment and permanent injunction on the ground that the law violates the First Amendment’s free speech clause. Animal Legal Defense Fund , 21-760. It seems like the odds of a grant are good in one or both cases. Next up is Kelly v.

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ClimateChange-ClimateLaw

DECEMBER 6, 2021

For us, Supreme Court precedent, yes stare decisis, is loud and clear : Women, and the privacy and integrity of our bodies and our equal status under law, are written in the silent ink of the Constitution through the fifth and fourteenth amendments. The boat is sinking. What will our Justices do? United States.

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SCOTUSBlog

MAY 26, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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JonathanTurley

DECEMBER 16, 2021

In a transition that began in 2011, Warren has struggled with the demands of politics that often pit her against core legal principles. demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. Elizabeth Warren (D., Sheldon Whitehouse (D-R.I.)

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Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.

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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.

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SCOTUSBlog

JUNE 7, 2022

Washington ; and (2) whether the Texas court’s failure to adhere to the Supreme Court’s decision conflicts with our constitutional system of vertical stare decisis and creates widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in (..)

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SCOTUSBlog

JULY 7, 2022

The limits came through a legal theory known as the “major questions” doctrine, the idea that if Congress wants to give a federal agency the authority to make decisions with “vast economic and political significance,” it must clearly say so.

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Conflict of Laws

MARCH 10, 2021

If that is so, as is indeed it is, how much less can parties by their private acts remove the jurisdiction properly and legally vested in our Courts ? 8] It should be stressed that Oputa JSC’s obiter dictum is not binding on lower courts according to the Nigerian common law doctrine of stare decisis. What is the solution?

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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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Court Stare Decisis Laws Legal 106

JonathanTurley

DECEMBER 5, 2021

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. There ain’t nothin’ more powerful than the odor of mendacity.”. They are not the only figures showing such selective outrage.

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