This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In an unsigned opinion, the courtruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.
The lower courts blocked Minerva from asserting invalidity because Minerva’s founder had filed the original patent applications and then sold the patent rights, which eventually ended up with Hologic. The lower courtsruled that the founder’s original assignment of patent rights prevented, or “estopped,” Minerva from contesting validity.
Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. On remand, the Texas courtruled that the inadequate counsel had not prejudiced Andrus. New Relist.
Instead, the Georgia Supreme Court upheld “general jurisdiction” over Cooper on the ground that Cooper, by registering as a foreign corporation in Georgia, had consented to suit in Georgia as a condition of doing business in the state. The government has filed a confession of error, agreeing the offense does not qualify.
But, Gorsuch continued, “the whole project deserves a tombstone no one could miss,” and he urged his colleagues to “acknowledge forthrightly that Chevron did not undo, and could not have undone, the judicial duty to provide an independent judgment of the law’s meaning in the cases that come before the Nation’s courts.”. Khorrami v.
Although the Supreme Court’s decisions in Roe and Casey established such a right, Alito continued, those decisions should nonetheless be overruled despite the principle of staredecisis – the idea that courts should not overturn their prior precedent unless there is a compelling reason to do so.
In 1977, the Supreme Courtruled in Trans World Airlines v. Groff assures the court that it can overturn Hardison without worrying about staredecisis – the idea that courts should not overrule their prior cases unless there is a compelling reason to do so – because the Supreme Court in Hardison was not interpreting Title VII at all.
Bruen was the court’s first major ruling on gun rights in over a decade. The court had ruled in 2008 that the Second Amendment protects the right to have a firearm in the home, and in 2010 it had affirmed that both states and the federal government must respect that right. In Kennedy v. And in West Virginia v.
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. Staredecisis and the Kavanaugh test.
Breyer’s penchant for pragmatism was on full display in his 2014 opinion for the court in National Labor Relations Board v. He explained that the purpose of the recess appointments clause is to ensure that the government can operate even if the Senate is not in session to confirm nominees, so it doesn’t matter what label the session carries.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content