SCOTUSBlog

MARCH 30, 2022

The Supreme Court instructed the Texas Court of Criminal Appeals to consider whether counsel’s inadequate performance had prejudiced Andrus – that is, whether but for counsel’s deficient performance, the mitigating evidence might have prompted at least one juror to opt for a sentence of life without parole rather than the death penalty.

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SCOTUSBlog

SEPTEMBER 1, 2021

Instead, the state outsourced that job to private citizens — anyone in the state could sue an abortion provider who violated the ban, secure at least $10,000 in damages, and request a court order to stop that doctor from doing it again. Besides, the best chance for supporters of abortion rights is to lean on precedent.

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SCOTUSBlog

NOVEMBER 7, 2022

A state appeals court ruled that Anthony had not received a fair trial. The assistant district attorney, the court of appeals ruled, “vouched for the credibility of the State’s witnesses and improperly commented on” Anthony’s guilt, “while using the prestige and dignity of his office to bolster the State’s case.”.

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SCOTUSBlog

APRIL 20, 2022

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 petition in Cooper was filed by the defendant in a lawsuit resisting personal jurisdiction.

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SCOTUSBlog

JULY 6, 2022

Stare decisis aside, the dissent’s defense of that theory depends almost entirely on its claim that if the right to use contraception is fundamental, the right to abortion must also be fundamental.

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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. This term the court was presented with two pre-viability challenges. The court ruled 5-4 to allow the Texas law to be enforced.

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JonathanTurley

DECEMBER 5, 2021

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. The 1896 ruling of Plessy v. There ain’t nothin’ more powerful than the odor of mendacity.”.

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Stare Decisis Court Laws Legal 8

SCOTUSBlog

APRIL 17, 2023

In 1977, the Supreme Court ruled in Trans World Airlines v. Groff assures the court that it can overturn Hardison without worrying about stare decisis – 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.

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SCOTUSBlog

JULY 7, 2022

Environmental Protection Agency , one of the final cases released before this year’s summer recess, the court reversed a lower-court ruling that had interpreted the Clean Air Act to give the EPA expansive powers over carbon emissions. And in West Virginia v.

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Laws Stare Decisis Court Statute 99

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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Stare Decisis Court Laws Statute 144

SCOTUSBlog

JANUARY 26, 2022

Jackson Women’s Health Organization , Breyer (along with Justices Sonia Sotomayor and Elena Kagan, both appointed by President Barack Obama) emphasized the importance of stare decisis, the idea that courts should not overrule their earlier cases except in narrow and extraordinary circumstances.

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