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. McCall , the other case raising the issue, which the court will now hold pending the outcome of Mallory. Next up is Bartenwerfer v.

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Statute Stare Decisis Court Drafting 89

Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

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Statute Litigation Litigating Cause of Action 52

Patently O

FEBRUARY 24, 2022

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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Laws Court Litigation Litigating 95

The Crime Report

SEPTEMBER 2, 2022

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. Others – Georgia, Florida and Texas – chose a different path, retaining the punishment but guiding discretion by narrowing and specifying the class of death-eligible crimes.

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SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

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SCOTUSBlog

SEPTEMBER 3, 2021

Lumpkin , James Broadnax asks for the Supreme Court to review a lower-court decision that prevented him from introducing evidence that may have proved racial bias in his trial. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigation Litigating Court Attorney 91

Constitutional Law Reporter

NOVEMBER 5, 2024

Facts of the Case In 2019, Sylvia Gonzalez ran for a seat on the city council of Castle Hills, a small town in southern Texas. A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing].

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Statute Court Attorney Constitutional Law 52

SCOTUSBlog

FEBRUARY 16, 2024

Both cases are now before the Supreme Court. Because of the wrinkles of the court’s jurisdictional statutes, Garcia comes from the three-judge district court directly to the Supreme Court as an appeal over which the court has mandatory jurisdiction. Palmer would ordinarily go through the U.S. . 12 and Jan.

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Constitutional Law Reporter

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.” New Jersey , 379 U.S.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Below we briefly discuss those 14 cases. So perhaps unsurprisingly, many of the relisted petitions – six of them – implicate the First Amendment. Gonzalez v. A divided panel of the U.S.

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Tort Court Litigation Litigating 118

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision.

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Court Rules Contract Laws Court 50

JURIST

AUGUST 27, 2023

Texas District Court Judge Maria Cant ú Hexsel temporarily blocked SB 14 , which bans gender-affirming care for minors and restricts children already taking gender-affirming prescription drugs, from going into effect on Friday. The case is in the District Court of Travis County, Texas.

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Laws Healthcare Attorney Statute 197

ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Two other states—Texas and North Dakota—filed an amicus brief supporting EPA; the petitioners opposed their participation on procedural grounds. Clean Air Council v. Pruitt , No.

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SCOTUSBlog

APRIL 26, 2024

Court of Appeals for Veterans Claims (the “Veterans Court”) to “take due account of the Secretary’s application of section 5107(b)” as part of its review of benefits appeals. In reviewing the Veterans Court decision, the U.S. We’ll know more soon. Until next time! New Relists Medical Marijuana, Inc. Florida and Moore v.

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Felony Personal Injury Court Cause of Action 109

ClimateChange-ClimateLaw

DECEMBER 11, 2020

In October, the federal district court for the Eastern District of Texas denied the plaintiff’s request for a preliminary injunction. Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. Optimus Steel, LLC v. Army Corps of Engineers , No. 1:20-cv-00374 (E.D.

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Court Government Litigation Litigating 59

The Crime Report

JUNE 22, 2022

The Marietta decision, which concerns discrimination against individuals with end-stage renal disease, potentially provides businesses with a workaround they can use to avoid triggering LGBTQ anti-discrimination laws.

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Court Decisions Court Statute Government 52

SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. James Garfield Broadnax, who is Black, was convicted of murdering two people, both of whom were white, by a nearly all-white jury in Texas. The prosecution struck all seven Black prospective jurors, though the trial court then restored one to the jury panel. Florida and Moore v.

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Government Court Laws Litigation 122

The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. The Texas Legislature in 1991 enacted the state’s first sex offender registration program.

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Statute Felony Court Attorney 119

SCOTUSBlog

JANUARY 13, 2025

Share A trade group for the adult entertainment industry will appear at the Supreme Court on Wednesday in its challenge to a Texas law that requires pornography sites to verify the age of their users before providing access for example, by requiring a government-issued identification. 1181, in June 2023.

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Court Entertainment Technology Government 121

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In United States v. 1226(c) ) or entry of a final order of removal ( 8 U.S.C. 1231(a)(2) ).

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Immigration Court Rules Court Entertainment 52

SCOTUSBlog

JANUARY 12, 2022

Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Environmental Protection Agency , 21-454 , is a long-running Clean Water Act dispute that has already been the subject of one major Supreme Court decision. Brackeen , 21-377 , Texas v. Texas , 21-5050. New Relists.

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SCOTUSBlog

MAY 31, 2024

And the court denied review to a group of 13 much-relisted cases that raised the question whether felony defendants have a constitutional right to a 12-person jury rather than just a six-person one. By the time Granier filed his reply brief , he was no longer representing himself: Former Solicitor General Don Verrilli had taken up his case.

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Court Felony Government Laws 87

The Crime Report

JUNE 27, 2022

State governments are already responding to the Dobbs decision with new regulations banning abortion or working to reinforce protections for people seeking abortions in their states across state lines. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Law: Texas HB1280.

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SCOTUSBlog

JANUARY 25, 2022

Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund.

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Court Rules Court Statute Education 118

HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G.

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SCOTUSBlog

JUNE 30, 2022

Texas held criminal “deviant intercourse” laws violated the 14th Amendment under rational basis review. This minimal test requires government action to have a legitimate purpose and the law in question to be rationally related to that purpose. Occasionally, “rational basis with teeth” finds laws lack even a legitimate purpose – Lawrence v.

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Court Laws Statute Government 97

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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SCOTUSBlog

MAY 28, 2024

Instead, they contended, he supplied the guns that his fellow gang members used to commit the crimes, and under a Texas law known as the “law of parties” he could face the same punishment that the shooters faced: death. A Florida state court upheld Cunningham’s conviction. Nike has denied any wrongdoing.

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Court Felony Lawyer Lawyers 121

SCOTUSBlog

NOVEMBER 30, 2021

Three physicians and the Catholic Association Foundation write that advances in science have “painted an intimate portrait of the fetus and its humanity” and therefore the court’s viability framework is outdated. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

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ClimateChange-ClimateLaw

MARCH 19, 2025

4] Canadas statute is an updated version of what have been called constituency statutes in the United States, which explicitly expand the fiduciary duties of corporate managers and directors beyond shareholders but do not usually include the environment among allowable factors, except in Arizona and Texas. [5]

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Statute Government Law School Laws 59

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

Two principal federal antitrust statutes govern agreements among competitors: the Sherman Act of 1890, which prohibits monopolization and unlawful trade restraints, and the Clayton Act of 1914, which identifies additional prohibited conduct, including with respect to interlocking directorates, and mergers and acquisitions.

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SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. Court of Appeals for the 8th Circuit affirmed that ruling.

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Tort Statute Court Laws 93

ClimateChange-ClimateLaw

OCTOBER 25, 2024

The injunction was granted based on the law’s vagueness, just as in the SIFMA decision, and on the constitutional requirement that plans focus on providing benefits to plan members, not on benefiting industries operating within the state. A new lawsuit was recently filed in Texas, by a business group seeking to block the state’s boycott law.

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Court Litigation Litigating Government 86

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. In addition, the court rejected the federal-officer removal statute, federal enclave jurisdiction, and the Class Action Fairness Act as grounds for removal. Northern Plains Resource Council v. 20-35412 (9th Cir.

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Litigation Litigating Court Laws 40

Above The Law

APRIL 7, 2025

This happened in five other cases making six of the 30 total 5-4 decisions between OT 2020 and OT 2023 or 20% of the time. Texas, Becerra v. Arkansas Teachers Retirement System making for one case in 2020, two in 2021, two in 2022, and one in 2023 showing no great increase over her time on the Court. Texas (2021) and Ohio v.

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Statute Court Government Immigration 70

Above The Law

MARCH 21, 2025

These cases reflect the judiciarys ongoing role in interpreting federal statutes, balancing individual rights against governmental power, and resolving contentious social and political questions. EL Paso County , which examined Fourth Amendment protections in the context of abusive strip searches, and Texas v. Other Areas: 15 points.

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