SCOTUSBlog

NOVEMBER 7, 2022

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., HHC argues that courts must read Section 1983 against the background of 1871 common law (when Congress enacted the KKK Act); common law at that time did not allow third-party beneficiaries to enforce contracts, particularly government contracts.

Stare Decisis 98

Stare Decisis Statute Court Contract 98

SCOTUSBlog

DECEMBER 10, 2021

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. Intellectual disability and the death penalty. United States.

Stare Decisis 101

Stare Decisis Court Court Rules Legal 101

SCOTUSBlog

APRIL 15, 2021

Instead, the theory posits, the existence of any such exemptions for “favored” activity triggers a presumptive right to a religious exemption that the government can only deny if it satisfies strict scrutiny. For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne.

Stare Decisis 143

Stare Decisis Court Sports Government 143

SCOTUSBlog

MARCH 30, 2022

Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. That’s all for this week. Until next time, stay safe ! New Relist. Texas , 21-6001.

Stare Decisis 106

Stare Decisis Court Felony Statute 106

SCOTUSBlog

JULY 1, 2021

On this front, the court largely embraced the middle ground the government advanced in a friend-of-the-court brief. The government’s brief urged the court to preserve assignor estoppel but limit it “to its equitable core.” To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue.

Stare Decisis 102

Stare Decisis Court Rules Court Manufacturing 102

SCOTUSBlog

APRIL 18, 2022

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

Statute 104

Statute Stare Decisis Government Contract 104

SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. The government didn’t respond to that suggestion, although it filed a rather embarrassing letter admitting that the SEC’s prosecutors had accessed the SEC adjudicator’s files (albeit not in Cochran’s own case). Returning Relists.

Stare Decisis 94

Stare Decisis Administrative Law Statute Government 94

SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Court of Appeals for the 9th Circuit affirmed.

Stare Decisis 99

Stare Decisis Statute Court Government 99

At the Lectern

APRIL 27, 2023

City of Rancho Palos Verdes , the Supreme Court today holds immunity under Government Code section 830.6 , that generally protects California public entities and employees from liability for injuries “caused by the plan or design of a construction of, or an improvement to, public property,” is not as broad as government defendants want.

Stare Decisis 45

Stare Decisis Court Construction Government 45

SCOTUSBlog

JUNE 7, 2022

The False Claims Act allows private parties, known as relators, to sue in the name of the United States defendants who allegedly have submitted false or fraudulent claims to the government, and they’re permitted to recover a share of any sums they win for the federal government. Other courts have adopted other standards. Polansky v.

Stare Decisis 97

Stare Decisis Government Court Litigation 97

Conflict of Laws

JUNE 13, 2024

In the next section, I further the discussion on the issue of diversity, looking at subject matter diversity, diversity of views, and the place of stare decisis and precedents in light of the current debates about PIL and expertise in the Nigerian Supreme Court and its resonance for the legal system.

Stare Decisis 69

Stare Decisis Laws Court Legal 69

Constitutional Law Reporter

JULY 30, 2024

In each case before the Court, the reviewing courts applied Chevron’s framework to resolve in favor of the Government challenges by petitioners to a rule promulgated by the National Marine Fisheries Service pursuant to the Magnuson-Stevens Act, which requires certain fishing vessels to pay for federal monitoring staff on their boats.

Stare Decisis 52

Stare Decisis Court Statute Construction 52

SCOTUSBlog

APRIL 20, 2022

The government has filed a confession of error, agreeing the offense does not qualify. Further, the government states that it has determined that, consistent with its practice in similar cases, it will forgo reliance on Grzegorczyk’s guilty plea as a bar to postconviction relief.

Statute 104

Statute Stare Decisis Court Manufacturing 104

Conflict of Laws

MARCH 10, 2021

GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”. Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case.

Court 52

Court Contract Stare Decisis Entertainment 52

SCOTUSBlog

JANUARY 17, 2024

The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws. Solicitor General Elizabeth Prelogar argues on behalf of the federal government.

Court 145

Court Statute Stare Decisis Small Business 145

SCOTUSBlog

FEBRUARY 4, 2022

Idealogues have sought to reshape the court’s jurisprudence in their own ideological vision, whether liberal or conservative, often at the expense of stare decisis and typically voiced most vigorously in dissenting opinions. Think of Marshall and William Brennan in death-penalty cases.

Stare Decisis 99

Stare Decisis Administrative Law Government Court 99

SCOTUSBlog

MARCH 20, 2023

Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis. The government argues that as long as such effects on consumers occur in the United States, foreign infringement of a U.S.

Stare Decisis 97

Stare Decisis Laws Statute Construction 97

SCOTUSBlog

NOVEMBER 7, 2022

Apparently,” wrote Thomas (who indicated that he would have denied the Navy’s request), the Supreme Court “cares about the chain of command when considering money-damages suits against the Government, but our concerns evaporate when servicemen seek injunctions against their superior officers’ personnel decisions.”. Khorrami v. In Khorrami v.

Stare Decisis 91

Stare Decisis Court Rules Court Government 91

Patently O

OCTOBER 4, 2021

The Supreme Court has now issued a Call for the Views of the Solicitor General (CVSG)–seeking the government’s input on whether to hear the case. Of course, procedure can and often does have a major impact on substantive rights. We know about issue preclusion and claim preclusion. Brief in opposition ].

Stare Decisis 75

Stare Decisis Litigation Litigating Court 75

SCOTUSBlog

JUNE 24, 2022

Although the Supreme Court’s decisions in Roe and Casey established such a right, Alito continued, those decisions should nonetheless be overruled despite the principle of stare decisis – the idea that courts should not overturn their prior precedent unless there is a compelling reason to do so.

Stare Decisis 133

Stare Decisis Court Drafting Education 133

Conflict of Laws

DECEMBER 17, 2020

Successive Nigerian governments across all tiers have made the attraction of foreign investments a cardinal part of their economic policies and have accordingly made deliberate efforts and committed abundant resources to attract foreign investments into Nigeria. [1]

Laws 52

Laws Stare Decisis Legal Legal 52

ClimateChange-ClimateLaw

DECEMBER 6, 2021

For us, Supreme Court precedent, yes stare decisis, is loud and clear : Women, and the privacy and integrity of our bodies and our equal status under law, are written in the silent ink of the Constitution through the fifth and fourteenth amendments. For anyone who listened, the Dobbs v.

Stare Decisis 94

Stare Decisis Court Government Lawyer 94

SCOTUSBlog

JANUARY 16, 2024

But the NMFS’s interpretation of the law as obligating the industry, rather than the government, to bear the costs is a reasonable interpretation under the second step of Chevron , the court of appeals ruled. Although stare decisis analysis may apply to that holding, it does not apply to the interpretative methodology outlined in Chevron.

Stare Decisis 144

Stare Decisis Court Statute Government 144

HowAppealing

DECEMBER 22, 2021

“The Truth About Stare Decisis: Justice Kavanaugh presented a view of precedent that centers on republican self-government.” ” Andy Smarick has this post at the “Law & Liberty” blog.

Stare Decisis 100

Stare Decisis Government Laws 100

SCOTUSBlog

APRIL 17, 2023

Groff assures the court that it can overturn Hardison without worrying about stare decisis – the idea that courts should not overrule their prior cases unless there is a compelling reason to do so – because the Supreme Court in Hardison was not interpreting Title VII at all.

Stare Decisis 111

Stare Decisis Government Court Statute 111

Fordham Law News

JANUARY 5, 2024

9] In fact, many sports leagues benefit from this exemption when it comes to the rules that govern their relationship with the players. [10] 13] The Court defended the exemption largely on the grounds of stare decisis and congressional acquiescence, tasking Congress with changing the long-standing law if they felt the need. [14]

Sports 52

Sports Stare Decisis Laws Court 52

SCOTUSBlog

JULY 7, 2022

The court had ruled in 2008 that the Second Amendment protects the right to have a firearm in the home, and in 2010 it had affirmed that both states and the federal government must respect that right. Kurtzman to determine whether a government law or practice violates the establishment clause. In Kennedy v.

Laws 106

Laws Stare Decisis Court Statute 106

SCOTUSBlog

NOVEMBER 30, 2021

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the stare decisis values of consistency, dependability, and predictability and are entitled to minimal stare decisis respect.”

Stare Decisis 100

Stare Decisis Court Laws Statute 100

JonathanTurley

SEPTEMBER 12, 2022

demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. The Constitution invests the president with the power to nominate new justices because he (with the Vice President) are the only nationally elected officials in our government.

Stare Decisis 56

Stare Decisis Court Education Laws 56

SCOTUSBlog

NOVEMBER 29, 2021

In the Texas cases, the justices will decide whether abortion providers or the federal government can sue to block the law’s unusual private-enforcement structure. Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent.

Stare Decisis 143

Stare Decisis Court Laws Statute 143

The Crime Report

NOVEMBER 19, 2021

Or does stare decisis make it stuck as a precedent? The other situation is where the Supreme Court defines constitutional rights that limit what state and local governments can do. If the Supreme Court declares that all affirmative action violates equal protection, there’s nothing a state government can do. Some will act.

Court 122

Court Stare Decisis Court Decisions Law School 122

SCOTUSBlog

JANUARY 26, 2022

He explained that the purpose of the recess appointments clause is to ensure that the government can operate even if the Senate is not in session to confirm nominees, so it doesn’t matter what label the session carries. Breyer’s penchant for pragmatism was on full display in his 2014 opinion for the court in National Labor Relations Board v.

Court 104

Court Stare Decisis Laws Legal 104