Legal, Stare Decisis and Texas

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

DECEMBER 10, 2021

Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Texas , Andrus maintains that the Texas court disregarded the Supreme Court’s express guidance for conducting the prejudice analysis.

Stare Decisis

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

SCOTUSBlog

MARCH 30, 2022

Case in point: Texas v. That case, which involved Texas’ challenge to a regulation that delegated governmental authority to an actuarial group to set standards for Medicaid reimbursement, had been rescheduled twice and relisted six times going into last Friday’s conference. Texas , a capital case from the Lone Star State.

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Stare Decisis Court Felony Statute

Another look at qualified immunity

SCOTUSBlog

APRIL 12, 2022

Texas , 21-5050. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Courts of Appeals for the 8th, 10th, and 11th Circuits have held and as the 5th Circuit held below; and (3) whether the judge-made qualified immunity doctrine requires reform.

Stare Decisis

Stare Decisis Court Statute Litigation

Challenges to administrative action and retroactive relief for prisoners

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. Texas , 21-6001. relisted after the April 29 conference). Cochran , 21-1239.

Stare Decisis

Stare Decisis Administrative Law Statute Government

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

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

SCOTUSBlog

APRIL 20, 2022

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. Animal Legal Defense Fund. Animal Legal Defense Fund , 21-760. Texas , 21-6001. Next up is Kelly v.

Statute

Statute Stare Decisis Court Manufacturing

Allegations of racial bias in a death penalty trial

SCOTUSBlog

MAY 20, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

Stare Decisis

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Are timing limits on property owners’ claims jurisdictional?

SCOTUSBlog

JUNE 2, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

Stare Decisis

Stare Decisis Statute Court Government

A capital case that tests the right to represent oneself at trial

SCOTUSBlog

MAY 26, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

Stare Decisis

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

SCOTUSBlog

JUNE 7, 2022

Texas prisoner Anibal Canales Jr. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Perhaps the government is pushing especially hard to try to persuade the court that Kapoor and Lee don’t warrant relief even if Kahn and Ruan prevail. Last up is Canales v.

Government

Government Stare Decisis Court Litigation

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

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. The Supreme Court held both cases pending the resolution of City of Austin, Texas v. Texas , 21-6001. Returning Relists.

Statute

Statute Stare Decisis Court Drafting

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

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. Jackson and United States v.

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

JonathanTurley

NOVEMBER 29, 2021

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. After Dobbs was accepted with its 15-week limit, advocates sought to enjoin a Texas law that banned abortion after just six weeks.

Stare Decisis

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Modernize U.S. abortion law — and return abortion policy to the democratic process

SCOTUSBlog

NOVEMBER 29, 2021

The Texas Heartbeat Act exemplifies lawmakers’ frustration with the status quo and their determination to protect unborn children and mothers. The abortion providers’ case relies heavily on stare decisis. First, Roe has been panned by scholars from the beginning, even by supporters of legalizing abortion.

Laws

Laws Stare Decisis Court Court Decisions

Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

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. Texas , which overturned prior precedent allowing the criminalization of homosexual relations. Sheldon Whitehouse (D-R.I.)

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Justice Breyer: A formidable defender of reproductive rights

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. Hellerstedt, which struck down two Texas anti-abortion provisions. Like Blackmun in Roe v. Casey and Roe v.

Stare Decisis

Stare Decisis Court Laws Drafting

In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

JULY 7, 2022

8, a Texas law that bans nearly all abortions in the state. 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. An abortion prelude.

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

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.

Stare Decisis

Stare Decisis Court Laws Legal

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

SCOTUSBlog

NOVEMBER 29, 2021

Wednesday’s argument in Dobbs , which involves a Mississippi ban on almost all abortions after the 15th week of pregnancy, comes 30 days after the court heard arguments in another consequential abortion controversy: a pair of challenges to a six-week abortion ban that took effect in Texas on Sept. Stare decisis and the Kavanaugh test.

Stare Decisis

Stare Decisis Court Laws Statute

Stephen Breyer, pragmatic liberal, will retire at end of term

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.

Court

Court Stare Decisis Laws Legal

Paralegal Brief

Two death penalty cases and free speech at animal facilities

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

Trending Sources

Another look at qualified immunity

Challenges to administrative action and retroactive relief for prisoners

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

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

Allegations of racial bias in a death penalty trial

Are timing limits on property owners’ claims jurisdictional?

A capital case that tests the right to represent oneself at trial

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

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

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

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

Modernize U.S. abortion law — and return abortion policy to the democratic process

Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

Justice Breyer: A formidable defender of reproductive rights

In a historic term, momentum to move the law often came from the five justices to the chief’s right

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

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

Stephen Breyer, pragmatic liberal, will retire at end of term

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