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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

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 Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

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.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

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.

Statute 107
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Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUSBlog

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.

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Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

JonathanTurley

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. Texas , which overturned prior precedent allowing the criminalization of homosexual relations. Sheldon Whitehouse (D-R.I.)

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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

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.

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In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

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.).

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