SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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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.

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SCOTUSBlog

MARCH 20, 2023

The court asks if there is a “clear, affirmative indication” from the face of the statute that Congress intended the law to apply extraterritorially. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple. Has Congress directly spoken here?

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The Crime Report

APRIL 8, 2022

TCR: The first part of your book focuses on the roots of the current legal system in English Common. Leniency disguised the overclass interests in the legal system in England at that time because it wasn’t really designed to do anything good for the working classes or for the poor. And I think that the answer is yes.

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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. In 2018, the Animal Legal Defense Fund – which, according to Kansas Gov. Animal Legal Defense Fund. Animal Legal Defense Fund.

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SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. To begin with, the statute requires that the lawsuit be retained under seal while the government investigates the allegations. The Supreme Court’s sprint to the end of the term continues.

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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. Issue : Whether the statute of limitations for a 42 U.S.C.

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SCOTUSBlog

APRIL 12, 2022

Issue : Whether the statute of limitations for a 42 U.S.C. relisted after the Jan. 25, March 4, March 18, March 25 and April 1 conferences). Goertz , 21-442. 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.

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SCOTUSBlog

MAY 20, 2022

The court will hold the other case raising that question, Ham v. Breckon , pending the outcome in Jones. This week we have only one new relist: Thomas v.

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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.

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JonathanTurley

DECEMBER 5, 2021

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. There ain’t nothin’ more powerful than the odor of mendacity.”. They are not the only figures showing such selective outrage.

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SCOTUSBlog

NOVEMBER 30, 2021

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

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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.

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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.

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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.

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JonathanTurley

NOVEMBER 29, 2021

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. The Biden administration returned to ask for an injunction from the same justices a few weeks later and for a ruling on the statute.

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