JonathanTurley

MAY 14, 2022

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

Stare Decisis 58

Stare Decisis Drafting Court Education 58

SCOTUSBlog

JANUARY 17, 2024

Roman Martinez, representing one group of fishing vessels, told the justices that the Chevron doctrine undermines the duty of courts to say what the law is and violates the federal law governing administrative agencies, which similarly requires courts to undertake a fresh review of legal questions.

Court 145

Court Statute Stare Decisis Small Business 145

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Cochran , 21-1239.

Stare Decisis 100

Stare Decisis Administrative Law Statute Government 100

SCOTUSBlog

APRIL 20, 2022

Animal Legal Defense Fund. In 2018, the Animal Legal Defense Fund sought a declaratory judgment and permanent injunction on the ground that the law violates the First Amendment’s free speech clause. Animal Legal Defense Fund , 21-760. It seems like the odds of a grant are good in one or both cases. Next up is Kelly v.

Statute 103

Statute Stare Decisis Court Manufacturing 103

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 counters that such judgments are routinely made in domestic litigation under the Lanham Act. law in front of a U.S.

Stare Decisis 98

Stare Decisis Laws Statute Construction 98

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. In Monday’s orders , the Supreme Court disposed of three relists.

Statute 98

Statute Stare Decisis Court Drafting 98

SCOTUSBlog

JUNE 7, 2022

The FCA gives the government a fair amount of ability to control the litigation. Then the government can intervene if it wishes and take the lead in litigating the case; or it can decline to intervene and let the relator litigate the case.

Stare Decisis 102

Stare Decisis Government Court Litigating 102

SCOTUSBlog

MARCH 30, 2022

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. That’s all for this week. Until next time, stay safe !

Stare Decisis 106

Stare Decisis Court Felony Statute 106

SCOTUSBlog

APRIL 12, 2022

1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.

Stare Decisis 108

Stare Decisis Court Statute Litigation 108

SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

Stare Decisis 144

Stare Decisis Court Statute Government 144

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. The boat is sinking. What will our Justices do? United States.

Stare Decisis 94

Stare Decisis Court Government Lawyer 94

SCOTUSBlog

NOVEMBER 29, 2021

Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.” Stare decisis and the Kavanaugh test.

Stare Decisis 142

Stare Decisis Court Laws Statute 142

SCOTUSBlog

JANUARY 26, 2022

During a nearly 28-year career on the court, Breyer shunned rigid approaches to legal interpretation, often seeking functional rulings with an eye toward real-world consequences. Religion was another area in which Breyer, who is Jewish, sought to reach a solution that worked, even if it did not necessarily hew closely to legal orthodoxy.

Court 103

Court Stare Decisis Laws Legal 103