Stare Decisis and Texas - Paralegal Brief

Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUSBlog

SEPTEMBER 1, 2021

On Monday, the court was confronted with an emergency application from Texas abortion providers seeking to prevent that state from functionally banning abortions in the state. 8 , the Texas law, added a new wrinkle to the so-called heartbeat laws that have become standard fare in conservative states.

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Are timing limits on property owners’ claims jurisdictional?

SCOTUSBlog

JUNE 2, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

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Stare Decisis Statute Court Government

Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

MAY 11, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

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

SCOTUSBlog

APRIL 20, 2022

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. relisted after the Feb.

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

SCOTUSBlog

APRIL 27, 2022

The Supreme Court held both cases pending the resolution of City of Austin, Texas v. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. The Baltimore billboard companies seek Supreme Court review in Clear Channel Outdoor, LLC v. Returning Relists.

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Statute Stare Decisis Court Drafting

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

DECEMBER 10, 2021

Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Texas , Andrus maintains that the Texas court disregarded the Supreme Court’s express guidance for conducting the prejudice analysis.

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Another look at qualified immunity

SCOTUSBlog

APRIL 12, 2022

Texas , 21-5050. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Courts of Appeals for the 8th, 10th, and 11th Circuits have held and as the 5th Circuit held below; and (3) whether the judge-made qualified immunity doctrine requires reform.

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Stare Decisis Court Statute Litigating

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

SCOTUSBlog

MARCH 30, 2022

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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A capital case that tests the right to represent oneself at trial

SCOTUSBlog

MAY 26, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

Stare Decisis

Stare Decisis Court Legal Legal

Allegations of racial bias in a death penalty trial

SCOTUSBlog

MAY 20, 2022

Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v.

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

SCOTUSBlog

JUNE 7, 2022

Texas prisoner Anibal Canales Jr. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v. Perhaps the government is pushing especially hard to try to persuade the court that Kapoor and Lee don’t warrant relief even if Kahn and Ruan prevail. Last up is Canales v.

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‘Outrageous Outcomes’: Plea Bargaining and the Justice System

The Crime Report

APRIL 8, 2022

I cite a story in the book from Tulia, Texas , where a cop goes out and arrests around 10 percent of the black people in town and frames them for drug crimes that they didn’t commit. Lo and behold, most of them pleaded guilty because they felt like they had no other choice. DC: The law exists to protect capital.

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Religion and the Death Penalty’s Most Devout Supporters: “Father Forgive them, for They Know Not What They Are Doing”

The Crime Report

DECEMBER 5, 2023

On January 21, 2023, he hanged himself on death row at the Polunsky Unit in Livingston, Texas. Andrus’ decision to end his own life rather than allow the State of Texas to take it came roughly six months after the U.S. One man, 34-year-old Terence Andrus, decided not to wait for Jesus to forgive those who wanted his execution.

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Modernize U.S. abortion law — and return abortion policy to the democratic process

SCOTUSBlog

NOVEMBER 29, 2021

The Texas Heartbeat Act exemplifies lawmakers’ frustration with the status quo and their determination to protect unborn children and mothers. The abortion providers’ case relies heavily on stare decisis.

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Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

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. Texas , which overturned prior precedent allowing the criminalization of homosexual relations. Sheldon Whitehouse (D-R.I.)

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Vice President Kamala Harris Slams “Activist” Supreme Court

JonathanTurley

SEPTEMBER 12, 2022

Indeed, this issue came up in my exchanges with Professor Elizabeth Sepper of the University of Texas at Austin School of Law. Stare decisis may protect the Court as an institution from public criticism, but that should not override the duty to correctly and faithfully interpret the Constitution. Sheldon Whitehouse (D-R.I.)

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We read all the amicus briefs in Dobbs so you don’t have to

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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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

FEBRUARY 17, 2022

Hellerstedt, which struck down two Texas anti-abortion provisions. Breyer will be remembered for judicial independence while serving on the court, a meticulous approach to analyzing the record and drafting opinions, and a commitment to stare decisis , consistently drawing upon well-established principles. Like Blackmun in Roe v.

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Stare Decisis Court Laws Drafting

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

SCOTUSBlog

DECEMBER 1, 2021

He emphasizes the Casey court’s discussion of stare decisis, reading from the opinion and even giving the page numbers in the United States Reports. Those two were present, and the only spouses present, for the Nov. 1 arguments in the previous abortion-related clash: Whole Wom a n’s Health v. Jackson and United States v.

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In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

JULY 7, 2022

8, a Texas law that bans nearly all abortions in the state. An abortion prelude. The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. Although the law conflicted directly with Roe v. Wade and Planned Parenthood v. The fall of Roe.

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

SCOTUSBlog

NOVEMBER 29, 2021

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.

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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

NOVEMBER 29, 2021

The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. After Dobbs was accepted with its 15-week limit, advocates sought to enjoin a Texas law that banned abortion after just six weeks.

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Stephen Breyer, pragmatic liberal, will retire at end of term

SCOTUSBlog

JANUARY 26, 2022

Perry involved a monument inscribed with the commandments on the grounds of the Texas state capitol. Hellerstedt , that struck down two provisions in a Texas law that sought to regulate abortion providers in the state. Texas , rejecting an effort to strike down the Affordable Care Act. Van Orden v. The court left S.B.

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Paralegal Brief

Supreme indifference: What the Texas case signals about the court’s treatment of abortion

Are timing limits on property owners’ claims jurisdictional?

Webinars

Trending Sources

Challenges to administrative action and retroactive relief for prisoners

Webinars

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

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

Two death penalty cases and free speech at animal facilities

Another look at qualified immunity

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

A capital case that tests the right to represent oneself at trial

Allegations of racial bias in a death penalty trial

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

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

Religion and the Death Penalty’s Most Devout Supporters: “Father Forgive them, for They Know Not What They Are Doing”

Modernize U.S. abortion law — and return abortion policy to the democratic process

Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

Vice President Kamala Harris Slams “Activist” Supreme Court

We read all the amicus briefs in Dobbs so you don’t have to

Justice Breyer: A formidable defender of reproductive rights

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

In a historic term, momentum to move the law often came from the five justices to the chief’s right

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

Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

Stephen Breyer, pragmatic liberal, will retire at end of term

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