JURIST

MARCH 22, 2022

She said she also relies upon precedent and the concept of stare decisis to reach her judgment and form an opinion. Her understanding of the text stems from the text at the time of its founding and what was meant by those who drafted it.

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Stare Decisis Drafting Statute Court 104

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.

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Stare Decisis Drafting Court Education 58

JonathanTurley

MAY 4, 2022

The response to the leaked draft opinion overturning Roe v. The draft opinion written by Justice Alito declares “We hold that Roe and Casey must be overruled. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. Wade has unleashed a torrent of outrage on the left.

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Stare Decisis Drafting Court Laws 11

LawSites

JUNE 2, 2022

The surreptitiously leaked draft of Justice Samuel Alito’s majority opinion overturning Roe v. But, legal tech nerd that I am, I wondered how the draft would fare if I subjected it to the scrutiny of the legal editing software BriefCatch , which recently rolled out a new-and-improved version 3 of its product.

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Drafting Stare Decisis Legal Legal 98

SCOTUSBlog

JUNE 24, 2022

The decision followed the leak in early May of a draft opinion showing that a majority of the justices were privately poised to take that step. A dozen other states have passed similar legislation, known as “trigger laws” because they were drafted to go into effect if Roe and Casey were overturned. On Friday, they made it official.

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Stare Decisis Court Drafting Education 132

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.

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Statute Stare Decisis Court Drafting 98

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.

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