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A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

Case in point: Texas v. That case, which involved Texas’ challenge to a regulation that delegated governmental authority to an actuarial group to set standards for Medicaid reimbursement, had been rescheduled twice and relisted six times going into last Friday’s conference. Texas , a capital case from the Lone Star State.

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Another look at qualified immunity

SCOTUSBlog

Texas , 21-5050. 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. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Returning Relists.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

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. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Returning Relists.

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Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

SCOTUSBlog

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. Texas prisoner Anibal Canales Jr. Texas , 21-6001. Last up is Canales v.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury. Texas , 21-6001. A short explanation of relists is available here. Goertz , 21-442. relisted after the Feb.

Statute 107
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Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

They contend that overbroad application of the court’s older precedents essentially would “ federaliz[e] much medical-malpractice litigation ,” and say the court should use this case as an opportunity to clarify the proper tests for recognizing a private right of action. Texas , 21-6001. Returning Relists.

Statute 86
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Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

Wednesday’s argument in Dobbs , which involves a Mississippi ban on almost all abortions after the 15th week of pregnancy, comes 30 days after the court heard arguments in another consequential abortion controversy: a pair of challenges to a six-week abortion ban that took effect in Texas on Sept. Stare decisis and the Kavanaugh test.