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Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

In School District of Abington Township, Pennsylvania v. In an 8-1 decision, the Court found that the Pennsylvania law and school-district practice violated the Establishment Clause and the Free Exercise Clause. Of course, this brings us to our word of the month: STARE DECISIS. Schempp , 374 U.S. Schempp , 374 U.S.

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

SCOTUSBlog

Since the decision of Planned Parenthood of Southeastern Pennsylvania v. Chief Justice John Roberts wrote at length about the importance of stare decisis in voting to strike down a Louisiana abortion restriction last year in June Medical Services v. Wade to the Present.

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

SCOTUSBlog

Although the railroad’s principal place of business is Virginia, it is registered to do business in Pennsylvania as a foreign corporation, and Mallory sued there. However, the Pennsylvania Supreme Court held that state’s consent-by-registration statute to be unconstitutional under the due process clause.

Statute 105
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Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

Evidently, the petitioner in Mallory (a railroad worker who wants to sue his employer in Pennsylvania) was successful in arguing that his case is a better vehicle for addressing the issue than Cooper Tire & Rubber Company v. McCall , the other case raising the issue, which the court will now hold pending the outcome of Mallory.

Statute 85
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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Pennsylvania. Breyer will be remembered for judicial independence while serving on the court, a meticulous approach to analyzing the record and drafting opinions, and a commitment to stare decisis , consistently drawing upon well-established principles. Carhart , Burwell v. Casey and Roe v.

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Back to the Bullpen: Minor League Teams Settle with MLB Over Latest Challenge to Baseball’s Historic Antitrust Exemption

Fordham Law News

13] The Court defended the exemption largely on the grounds of stare decisis and congressional acquiescence, tasking Congress with changing the long-standing law if they felt the need. [14] Kuhn , which saw the Supreme Court acknowledge that baseball was in fact interstate commerce, yet again defend baseball’s exemption. [13]

Sports 52
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We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the stare decisis values of consistency, dependability, and predictability and are entitled to minimal stare decisis respect.”