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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

Washington. 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 June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v.

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

SCOTUSBlog

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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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

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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Another look at qualified immunity

SCOTUSBlog

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

SCOTUSBlog

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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Are timing limits on property owners’ claims jurisdictional?

SCOTUSBlog

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

SCOTUSBlog

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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