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Divided court restricts prisoners’ ability to pursue claims that their lawyers were incompetent

SCOTUSBlog

Share Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision. In an opinion by Justice Clarence Thomas, the court sided with Arizona. “[O]nly

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In “odd” clash of statutory text and habeas precedent, three conservative justices seem undecided

SCOTUSBlog

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? The question raised in Shinn v. Kavanaugh shot back, “Assuming we don’t do that, what’s your next answer?”.

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Affirmative Action Kicked Off Busy Week for SCOTUS

Constitutional Law Reporter

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Below is a brief summary of the other cases before the Court: Cruz v. University of North Carolina, which are poised to determine the role of affirmative action in college admissions. Bollinger , 539 U.S. 306 (2003).

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Arizona Supreme Court accepts abortion ballot initiative description, putting question to voters

JURIST

The Arizona Supreme Court ruled on Tuesday that a 200-word description of a ballot initiative to enshrine a right to abortion in the state’s constitution was valid and determined voters would see the initiative on the statewide general election ballot.

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In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings

SCOTUSBlog

In both cases, the targets of agency proceedings want to challenge the legitimacy of those proceedings right away in federal court, rather than having to await the outcomes of long-running administrative processes before getting their day in court. The general federal jurisdiction statute ( 28 U.S.C.

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The first relists of October Term 2022

SCOTUSBlog

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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Twelve cases added to Supreme Court calendar

SCOTUSBlog

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.