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Morning Docket: 06.28.22

Above The Law

* Here's a map showing the legality of abortion, state by state. [ Stare decisis? A matter of judgment: Louisiana judge temporarily prevents abortion ban from kicking in. The Guardian ]. I hardly knew her! [ States scramble to prevent the 2nd Amendment from being an absolute right. [ The post Morning Docket: 06.28.22

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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. The post US Supreme Court rules on life imprisonment for juveniles appeared first on JURIST - News - Legal News & Commentary. Alabama and 2016’s Montgomery v.

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High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

Louisiana (2016), the court ruled the decision in Miller applied retroactively and that it applied “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.”. “The Four years later, in Montgomery v. The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent.

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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

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. Louisiana (2020) (a non-abortion case) that the court cannot maintain a precedent that is “grievously or egregiously wrong.”

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Breyer is meticulous, combing through the district court record, elevating empirical data, canvassing science, and interrogating the legal standards applied by the lower court. Russo , striking down a near verbatim abortion provision requiring that doctors obtain admitting privileges as a condition to perform abortions in Louisiana.

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We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

For instance, the National Right to Life Committee and the Louisiana Right to Life Federation argue that the court should reject the “categorical viability line” and replace it with a new “roadmap” under which courts would consider all state interests when analyzing the constitutionality of prohibitions on pre-viability elective abortions.

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Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

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.