Patently O
FEBRUARY 23, 2023
Stare decisis, Latin for “to stand by things decided,” is a legal principle that directs courts to adhere to previous judgments, i.e., precedent, when resolving a case with comparable facts. the Federal Circuit applied stare decisis to a prior validity ruling involving a different patent and a different accused infringer.
SCOTUSBlog
JANUARY 16, 2024
The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.
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SCOTUSBlog
JANUARY 17, 2024
Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The question in this challenge to the rule, he said should focus on what the best reading of the statute is. Share It has been nearly 40 years since the Supreme Court indicated in Chevron v.
SCOTUSBlog
NOVEMBER 7, 2022
1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. 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.
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.
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.
SCOTUSBlog
MARCH 20, 2023
The court asks if there is a “clear, affirmative indication” from the face of the statute that Congress intended the law to apply extraterritorially. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple. Has Congress directly spoken here?
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