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What in the world is “zombie precedent”?
It may be Christmas and Hanukkah season, but I’ve got a Supreme Court ghost story to tell. It comes from Justice Antonin ...
Editor’s Note: On Tuesday, Supreme Court Chief Justice John Roberts confirmed the authenticity of a leaked draft of a decision that would appear to place the future of abortion rights, and in ...
The prior-panel-precedent rule allows federal appellate courts to avoid considering “difficult arguments” and “to do its work with fewer judges more quickly,” said a legal scholar who is not involved ...
When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the ...
Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to ...
Which legal decisions can be used as a precedent, and which cannot? The question was raised in a piece in The New York Times this week about the Bush v. Gore case that decided the 2000 election. Legal ...
The first Monday in October commences a new United States Supreme Court term. This term, the court will hear many significant cases. However, the Supreme Court’s own reputation will also be up for ...
Sparing the usual litany of "stare decisis" factors, Justice Clarence Thomas offered a simple formula for the amount of deferential weight he gives a precedent of the U.S. Supreme Court: how much he ...
The pair of cases were brought by commercial herring fishermen. The Supreme Court on Wednesday heard vigorous arguments over a 40-year-old precedent that has given broad power to federal agencies in ...
For decades, nominees to the Supreme Court have had to answer questions about Roe v. Wade, the landmark 1973 ruling that, until now, guaranteed the right to abortion in the U.S. "Several of these ...
As soon as he was elected president, Donald Trump and his supporters began to target Roe v. Wade. “The judges will be pro-life,” Trump declared on “60 Minutes” when asked about potential nominees. In ...
A fledgling San Antonio wealth management firm and its founders — two brothers — are facing accusations that they stole trade secrets from their former employer to solicit and obtain its customers’ ...
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