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In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. On remand, the Texascourtruled that the inadequate counsel had not prejudiced Andrus.
As a statistical matter , a case that the Supreme Court repeatedly relists is more likely to be the subject of an opinion respecting denial or — where existing precedent is clear — a summary reversal or vacatur. Case in point: Texas v. Texas , a capital case from the Lone Star State. Texas , 21-6001.
Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury. Texas , 21-6001. A short explanation of relists is available here. relisted after the Feb.
On Monday, the court was confronted with an emergency application from Texas abortion providers seeking to prevent that state from functionally banning abortions in the state. 8 , the Texas law, added a new wrinkle to the so-called heartbeat laws that have become standard fare in conservative states.
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 staredecisis , or the respect for precedent. Texas , which overturned prior precedent allowing the criminalization of homosexual relations. Sheldon Whitehouse (D-R.I.)
The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. This term the court was presented with two pre-viability challenges.
The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. 8, a Texas law that bans nearly all abortions in the state. The court’s third liberal, Justice Sonia Sotomayor, also dissented, though she did not join Roberts’ opinion.).
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.
In one case, Breyer agreed with the court’s conservative wing to uphold the display; in the other, he sided with the court’s liberals to strike down the display. Perry involved a monument inscribed with the commandments on the grounds of the Texas state capitol. The court left S.B. Van Orden v.
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