Conflict of Laws

DECEMBER 17, 2020

11] While this undoubtedly represents the correct position of the law in principle, it is however of doubtful practical effect given the peculiarity of the diminishing line between rationes decidendi and obiter dicta under the Nigerian version of the doctrine of stare decisis as well the attitude of Nigerian courts to decisions of higher courts.

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JURIST

JUNE 17, 2022

Planned Parenthood sued to challenge a 2020 law which requires a 24 hour waiting period before an abortion. Reynolds that abortion is not a fundamental right under the state constitution. The decision overturns a 2018 ruling which held there is a fundamental right to abortion in Iowa.

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Patently O

OCTOBER 4, 2021

2020); ABS Glob., 1589, 1594-95 (2020) (rejecting “defense preclusion” as a cognizable doctrine). LLC , 961 F.3d 3d 1365 (Fed. Cytonome/ST, LLC , 984 F.3d 3d 1017, 1022 (Fed. See Lucky Brand Dungarees v. Marcel Fashions Grp., Brief in opposition ].

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. 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.

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The Crime Report

DECEMBER 5, 2023

Supreme C ourt upheld the very death sentence it had just two years earlier (June 2020) declared unlawful. In its June 2020 decision , the U.S. Andrus’ decision to end his own life rather than allow the State of Texas to take it came roughly six months after the U.S. agree with the dissenting judges below.

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SCOTUSBlog

JANUARY 16, 2024

The fishing companies, led by Loper Bright Enterprises, went to federal court in Washington in 2020 to challenge the NMFS rule, arguing that it was not authorized by the Magnuson-Stevens Act. Although stare decisis analysis may apply to that holding, it does not apply to the interpretative methodology outlined in Chevron.

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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. Think of Marshall and William Brennan in death-penalty cases.

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SCOTUSBlog

NOVEMBER 29, 2021

The abortion providers’ case relies heavily on stare decisis. In 2020, a record 31 pro-life congresswomen were elected with the support of SBA List. The Texas Heartbeat Act exemplifies lawmakers’ frustration with the status quo and their determination to protect unborn children and mothers. Law professor Helen Alvaré et al.

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JURIST

DECEMBER 19, 2024

Our binding precedent and the doctrine of stare decisis require our restraint and do not permit us to impose a different remedy than the one chosen by the trial court simply because we might see the matter differently[.]

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SCOTUSBlog

DECEMBER 1, 2021

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. “And it is particularly important to show what we do in overturning a case is grounded in principle and not social pressure, not political pressure.”. Casey did that,” she replies. “No,

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SCOTUSBlog

FEBRUARY 17, 2022

Both he and Justice Ruth Bader Ginsburg — who untimely passed early in the 2020-21 term — shared similar ideological perspectives, approaches to judicial review, and paths to the Supreme Court. Justice Stephen Breyer’s retirement from the Supreme Court at the end of this term will mark the end of an era. Casey and Roe v.

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SCOTUSBlog

JULY 7, 2022

Six months after the arrival of Barrett in the fall of 2020, who had taken a relatively expansive view of the Second Amendment as a lower-court judge, the justices announced that they would review the New York law. And when the Supreme Court issued its ruling in the case on June 23, Roberts was on board.

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JonathanTurley

MAY 17, 2021

Russo (2020). He only voted with his liberal colleagues because he felt bound by stare decisis to follow the 2016 decision in Whole Woman’s Health v. The decision comes a year after pro-choice groups were able to secure a plurality decision in June Medical Services v.

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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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JonathanTurley

NOVEMBER 29, 2021

To uphold Roe , the court likely will require more than the usual arguments of stare decisis , the doctrine that the court should generally stand by its precedents. Louisiana (2020) (a non-abortion case) that the court cannot maintain a precedent that is “grievously or egregiously wrong.”

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The Crime Report

NOVEMBER 19, 2021

Or does stare decisis make it stuck as a precedent? Between 1992-2020, Democrats won every popular vote in every presidential election but one in 2004. On the other hand, Trump was three million votes from winning the popular vote in 2016, seven million in 2020. THE CRIME REPORT: Does that ever get changed?

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SCOTUSBlog

JANUARY 26, 2022

Although Breyer is apparently in good health and by all accounts enjoys his job, Democrats began calling for him to retire shortly after the 2020 election so that President Joe Biden could nominate a younger judge to take his place. In 2020, with Kennedy now retired, the Supreme Court in June Medical Services v. ambassador to France.

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