SCOTUSBlog

APRIL 20, 2021

Minerva contends that it has a statutory right to challenge invalidity; the statute does not have any textual exceptions for patent assignors. In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. A possible middle ground. But a middle ground exists.

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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. Intellectual disability and the death penalty. Animal Legal Defense Fund. Issue : Whether Kan.

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SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.” military veterans.

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Constitutional Law Reporter

DECEMBER 27, 2021

Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. In support of overruling the cases, Kavanaugh cited cases like Brown v. The Court has agreed to determine “[w]hether deference under Chevron U.S.A.

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Constitutional Law Reporter

JANUARY 3, 2022

Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. In support of overruling the cases, Kavanaugh cited cases like Brown v. The Court has agreed to determine “[w]hether deference under Chevron U.S.A.

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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 18, 2023

Justice Sonia Sotomayor asked Streett why the Supreme Court should adopt the “significant difficulty or expense” standard used in other statutes when Congress has declined to do so. Streett countered that there is nothing to suggest that Congress has accepted Hardison ’s “undue hardship” standard.

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SCOTUSBlog

JULY 1, 2021

In reaching this holding, the majority expressly did not rely on stare decisis and therefore did not expressly decide whether to overrule Westinghouse Electric Manufacturing Co. To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue. Formica Insulation Co. ,

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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 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

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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The Crime Report

APRIL 8, 2022

TCR: When did the guiding philosophy of our criminal justice system connect to the concept of stare decisis, which obligates courts to follow historical cases when making a ruling on a similar case? DC: The law exists to protect capital.

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SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The question in this challenge to the rule, he said should focus on what the best reading of the statute is. Share It has been nearly 40 years since the Supreme Court indicated in Chevron v.

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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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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. That’s all for this week.

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Conflict of Laws

MARCH 10, 2021

8] It should be stressed that Oputa JSC’s obiter dictum is not binding on lower courts according to the Nigerian common law doctrine of stare decisis. If that is so, as is indeed it is, how much less can parties by their private acts remove the jurisdiction properly and legally vested in our Courts ?

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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

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

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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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. Jackson quoted the sentencing statute , which states “sufficient but not greater than necessary to promote the purpose of the punishment.”

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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.

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JonathanTurley

NOVEMBER 29, 2021

To uphold Roe , the court likely will require more than the usual arguments of stare decisis , the doctrine that the court should generally stand by its precedents. 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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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

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

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.

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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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Fordham Law News

JANUARY 5, 2024

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] Kuhn , which saw the Supreme Court acknowledge that baseball was in fact interstate commerce, yet again defend baseball’s exemption. [13]

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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.”

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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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