Drafting, Litigating and Stare Decisis

Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

APRIL 27, 2022

I suspect one of the justices wrote a draft separate opinion that was sufficiently persuasive to shake loose the necessary votes for a grant. There are three new relists, and two new kinda-sorta relists. Gorgi Talevski was a resident of Valparaiso Care and Rehabilitation, a state-run nursing facility near his family home in Indiana.

Statute

Statute Stare Decisis Court Drafting

Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

JonathanTurley

MAY 14, 2022

After denouncing the recent leak of the draft opinion that would overturn Roe v. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. I have long questioned the weight given stare decisis in constitutional cases.

Stare Decisis

Stare Decisis Drafting Court Education

Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

JANUARY 16, 2024

Loper Bright insists that the justices can overrule the Chevron doctrine without having to consider principles of stare decisis – the idea that a court should not overrule its earlier decisions unless there is a very good reason to do so.

Stare Decisis

Stare Decisis Court Statute Government

Paralegal Brief

Private rights of action, overtime pay, and the constitutionality of a billboard tax

Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

Supreme Court to hear major case on power of federal agencies

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