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.

Stare Decisis 104

Stare Decisis Drafting Statute Court 104

SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. Goertz , involving the question of what statute of limitations state prisoners face when raising claims seeking DNA testing of crime-scene evidence.

Statute 98

Statute Stare Decisis Court Drafting 98

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

Stare Decisis 144

Stare Decisis Court Statute Government 144

SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. A close reading of Stenberg v.

Stare Decisis 137

Stare Decisis Court Laws Drafting 137

SCOTUSBlog

JULY 7, 2022

Empire Health Foundation did not mention Chevron at all, even though Chevron loomed large in the briefing for both cases, which involved agency interpretations of complex Medicare statutes. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

Laws 106

Laws Stare Decisis Court Statute 106