Masthash

#Precedent

Initially, they instill fear within the collective to identify those who will readily succumb to it. Subsequently, they select these compliant individuals as exemplars, shaping legal precedents based on their actions.

#government #legal #precedent

Nonilex
5 days ago

“…#Koch …has invested tremendous #capital to overturn longstanding #legal #precedent known as #Chevron deference, which would handcuff #regulators & serve the interests of #corporate fat cats. As more details are revealed of Justice Thomas’s #undisclosed involvement w/the Koch #political network, there are serious questions about his #impartiality in cases squarely confronting the Chevron doctrine. For these reasons, I’m calling on Justice #Thomas to #recuse himself from… #LoperBrightVRaimondo.”

Nonilex
5 days ago

In the 15yrs since, the #Koch network has left a deep imprint on #American #society. Its advocacy is credited w/helping stamp-out #Republican support for combating #ClimateChange, once an issue that drew #bipartisan concern.The “full weight of the network” was thrown behind passing the 2017 #Trump #TaxCut, securing a windfall for the Kochs & their #donors & the upcoming #SCOTUS term could bring the network a victory it has pursued for yrs: overturning a major #legal #precedent known as #Chevron.

Nonilex
5 days ago

After shepherding the case to the #court, #Koch network staff #attorneys are now asking the justices to overturn a decades-old #precedent. (#Thomas used to support the precedent but flipped his position in recent yrs. 🤔)

2 years ago, one of the network’s groups was the plaintiff in another #SCOTUS case, which was about #nonprofits’ ability to keep their #donors #secret. In that case, Thomas sided w/the 6-3 #conservative majority in the Koch group’s favor.

petersuber
4 weeks ago

I just found this bit of history. Only 2 yrs earlier #SCOTUS overturned a precedent that #Alito liked (about non-unanimous jury verdicts). He dissented: "The doctrine of 𝘴𝘵𝘢𝘳𝘦 𝘥𝘦𝘤𝘪𝘴𝘪𝘴 [to follow precedent] gets rough treatment in today’s decision. Lowering the bar for overruling our precedents, [the] majority casts aside an important and long-established decision with little regard for the enormous reliance the decision has engendered."
https://supreme.justia.com/cases/federal/us/590/18-5924/

#Abortion #Law #Precedent #SCOTUS

petersuber
4 weeks ago

In 2022 #Alito wrote the majority opinion in #Dobbs v. Jackson, overturning #Roe v. Wade, a precedent then 50 years old and repeatedly upheld (even if narrowed).
https://supreme.justia.com/cases/federal/us/597/19-1392/

#Abortion #Law #Precedent #SCOTUS

🧵

Nonilex
1 month ago

If #Meadows were to succeed in changing #venues, he would widen the pool of potential #jurors, who could come from more #conservative areas outside #Atlanta, & he would avoid having his trial #televised. He would also set a bad #precedent, encouraging future presidents & their aides to #interfere in the administration of local #elections, w/the expectation that they could later claim they were acting in their official capacities & secure more favorable circumstances at any #trial.

#law #legal

WIST Quotations
1 month ago

A quotation from Mencken, H. L.:

«
Every failure teaches a man something. For example, that he will probably fail again next time.
»

Full quote, sourcing, notes:
https://wist.info/mencken-hl/62598/

#quote #quotes #quotation #experience #failure #learning #precedent

RememberUsAlways
2 months ago

Without legal precedent, a prosecutor must define in indictments and though evidence why the defendant's actions rise to the criminal level.

As we've not had a criminal President in the #unitedstates since Nixon, please understand any delay in sorting this legal mess out. US Federal Law moves on greater timeframes than a human lifetime.

#law
#process
#precedent

Nonilex
2 months ago

The… #WildernessSociety & other #environmental grps…had urged the court to uphold the temporary halt in #pipeline completion… & cited an 1871 #SCOTUS #precedent that held that #Congress can specify rules about how #FederalCourt cases should be heard & resolved, but it cannot #dictate how federal courts should rule, as that would be an #unconstitutional intrusion the #SeparatePowers of the #judiciary & would allow Congress "to pick winners & losers" in #litigation that before the federal courts.

The far right turns to ‘legal vigilantism’

After the supreme court’s recent rulings against #affirmative #action and #anti-#discrimination #precedent, researchers who track the far-right movement are flagging a new model of #conservative #activism: #legal #vigilantism, an aggressive, lawsuit-threatening tactic used to intimidate universities and private institutions to comply with the new rulings.
https://www.theguardian.com/world/2023/jul/10/far-right-supreme-court-legal-vitilantism?CMP=Share_iOSApp_Other

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

Nonilex
3 months ago

“‘I wouldn’t want anybody to … make me a wedding website?’ he continued, sounding a bit puzzled but good-natured about the whole thing. ‘I’m married, I have a child—I’m not really sure where that came from? But somebody’s using false information in a Supreme Court filing document.’”

#ripeness #law #legal #SCOTUS #JudicialActivism #minoritarianism #LGBTQRights #equality #equity #discrimination #precedent

Nonilex
3 months ago

“This week, I decided to call Stewart and ask him about his inquiry.…

“…It took just a few minutes to reach him. I assumed at least some reporters over the years had contacted him about his website inquiry to 303 Creative—his contact information wasn’t redacted in the filing. But my call, he said, was ‘the very first time I’ve heard of it.’

#ripeness #law #legal #SCOTUS #JudicialActivism #minoritarianism #LGBTQ+Rights #equality #equity #discrimination #precedent

Nonilex
3 months ago

ICYMI:

The Mysterious Case of the Fake #GayMarriage Website, the Real Straight Man, & the #SupremeCourt

In filings in the #303CreativeLLCvElenis case is a supposed request for a gay wedding website—but the man named in the request says he never filed it.

#ripeness #law #legal #SCOTUS #JudicialActivism #minoritarianism #LGBTQ+Rights #equality #equity #discrimination #precedent
https://newrepublic.com/article/173987/mysterious-case-fake-gay-marriage-website-real-straight-man-supreme-court

nanowiz
3 months ago

#wowouch !
#scotus making it crystal they do not want me here

Bold-faced lies about legal #precedent and settled #law
under #minorityrule there's also no #consequence for lying to Congress!

I'm ready to nominate new crew members on a submersible visit to the Titanic

#lgbtq #fascistmomsforliberty #scotusstench

Ricardo Harvin
3 months ago

If it's not just, it shouldn't be #law; all #precedents be damned.

#Justice, not #precedent, must always be the only goal of our #legal system.

Heidi Li Feldman
3 months ago

Sotomayor’s discussion of the majority’s disregard for #precedent is crucially important. She shows the lawlessness of the decision, the same lawlessness shown in cases like #Dobbs and #Bruen, other decisions where the current right-wing majority ignores settled case law and substitutes its own radical conclusions without any basis in law or fact. This is, as I’ve argued elsewhere, quintessentially tyrannical. 8/ #FAIRvHarvard #LawFedi

Heidi Li Feldman
3 months ago

Putting #FAIRvHarvard in context(s), a thread. Text of all opinions available at https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

Bottom line: The majority and dissent differ fundamentally about the meaning of the #14thAmendment; the meaning of #race in the U.S.; and the importance of #precedent in constitutional decisions from the #SupremeCourt. Plus, Justice #Sotomayor absolutely eviscerates #ClarenceThomas concurrence. 1/ #LawFedi

The fact that people that #TechIlliterate are allowed to be #Judges and made-believe that using #Tor is basically only needed to do illicit activities...

WTF #France?
https://youtu.be/cyFL7KJGcC0?t=154

If this #precedent doesn't get the #Judge forcibly retried and the people freed and compensated, then I guess #France is a #NoGoArea for anyone who actually cares about their #HumanRights like #Privacy and #PresumptionOfInnocence as well as #RightToRemainSilent!

@Cryptome it's all about setting a #Precedent.

#Assange and #Manning just the first that got systematically attacked as a warning sign.

Saying: "Look, we will destroy and break you if you f**k with us!"

PhoenixSerenity
4 months ago

#BillC311 is an act to amend the criminal code and make physical or emotional harm to a pregnant person an aggravating factor in sentencing. This may seem like an act to protect people, but #AbortionRights groups & some Liberal and NDP MPs see it for what it is: a slippery slope to #criminalizing #abortion . It's a #dangerous #precedent to set.

Please SIGN #petition & share widely!

https://act.leadnow.ca/bill-c-311-petition

#Canada #WomensRights #OurBodiesOurChoice #CanPoli #HumanRights #ProChoice #SignPetition

Lorry
5 months ago

I just saw a meme about the Carlton Tavern in Maida Vale - So I thought I'd look up the story. It's fantastic.

https://www.theguardian.com/lifeandstyle/2021/mar/21/rising-from-the-rubble-london-pub-rebuilt-brick-by-brick-after-bulldozing

#UK #News from 2021 about a #London #Pub and #Legal / #Developer #Law #Precedent

Danny Boling 🌈 ☮️
5 months ago

#BreakingNews

"The #SupremeCourt said it would take up a case that could do away with a decades-old #precedent that tells #judges to defer to #federal agencies when interpreting ambiguous federal #laws."

And we thought #CitizensUnited and repealing the #CivilRights Act were bad rulings. 😳

🆓FREE link- https://wapo.st/3HrlNMs
#SCOTUS accepts case that challenges #authority of federal agencies
#Conservatives have long wanted to overturn the precedent known as the #Chevron #doctrine

#IAmDB

Phewstepsaway 🌹
5 months ago

The good news is that if any of the LA gigs’ second sets start with SYSF or Soul Planet I know it can still lead to pure stoke. #precedent #soulcanstillbeincluded #phish

CryptoNewsBot
6 months ago

SEC argues recent court case weakens Ripple Labs’ ‘fair notice’ defense - The SEC filed a letter to further support its motion for summary ... - https://cointelegraph.com/news/sec-argues-recent-court-case-weakens-ripple-labs-fair-notice-defense #securitiesandexchangecommission #commonwealthequityservices #analisatorres #supremecourt #johne.deaton #jamesk.filan #ripplelabs #precedent #howeytest

Nonilex
6 months ago

Snr execs of >250 pharma & biotech cos on Mon issued a scorching condemnation of a ruling by a federal judge that invalidated the #FDA’s 23 yr approval of the #abortion pill #mifepristone, & called for a reversal.

“The decision ignores decades of scientific evidence & #legal #precedent,” said the ltr, signed by ldrs of some of the industry’s most prominent execs

https://www.nytimes.com/2023/04/10/health/abortion-ruling-pharma-executives.html?smid=nytcore-ios-share&referringSource=articleShare

Nonilex
6 months ago

If appealed, it goes to the #5thCircuit, of which Ruth Marcus wrote,“the 5th Circuit…is staking out a claim to be the most dangerous —the least wedded to respecting #precedent or following an orderly #judicial process.
“The 5th is arguably the most #conservative among the country’s dozen appeals courts. It inclined in that direction even before…Trump managed to install 6 nominees
https://www.washingtonpost.com/opinions/2021/08/31/5th-circuit-is-staking-out-claim-be-americas-most-dangerous-court/

PhoenixSerenity
6 months ago

"We're delighted to sign this formal #sporting #treaty … with the full support of the traditional owners of South-East #Queensland , where we stand, the #KabiKabi , #Jinibara , #Turrbal , #Yugambeh , #Quandamooka & #Yuggera peoples."

The #AIFC represents more than 100 #Aboriginal & #TorresStrait Islander communities. It has no links to #FootballAustralia

https://amp.abc.net.au/article/102108200

#Australia #FirstPeoples #Football #Precedent #Sports #decolonization #IndigenousLed #NativeAustralia #Indigenous

David Ziff
7 months ago

Just in case you're looking for some weekend reading on citation, slavery, The Bluebook, precedent, and the nature of law, I've got a little something for you:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4350955

It's only 34 pages!

#LegalWriting #Law #Citation #LawFedi #Precedent #Slavery #Bluebook

CryptoNewsBot
7 months ago
WordofTheHour
8 months ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations

David Ziff
8 months ago

And I forgot the hashtags!
#lawfedi #citation #precedent #bluebook #slavery #scholarship #courts #law #lawprofs #legaltheory #judges
Scroll up for the good stuff!

For the first time in #Ontario, clearing an #encampment has been found to be a violation of the #Charter #rights of the people living there, in a decision advocates say will set a #precedent for #Toronto, and elsewhere.

Released Friday, the Ontario #SuperiorCourt of #Justice ruling denied the Region of #Waterloo’s request to evict about 50 people from a #Kitchener encampment, without adequate indoor #shelter space.

https://www.thestar.com/news/gta/2023/01/30/a-precedent-setting-decision-rules-encampment-clearing-would-violate-charter-rights.html

#TIL: There's an #STJ 2019 #precedent in #BrazilianLaw that application providers (e.g. websites, apps, etc.) must include the port number in their access logs when it's an #IPv4 connection as this is often necessary to identify who is behind #internet misuse.

Context: in Brazil, most application providers are legally required to keep an #AccessLog for six months.

https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/Provedor-deve-fornecer-porta-logica-para-identificar-usuario-acusado-de-atividade-irregular-na-internet.aspx

Morgane Oger
10 months ago

Known formally as Delgamuukw v. British Columbia, the groundbreaking ruling 25 years ago is known as the first in Canada to recognize that Indigenous rights exist.

#RightAndTitle #Evidence #Law #Precedent #Wetsuweten #Gitxan #HumanRights #I digenousRights #Delgamuukw

https://mastodon.roitsystems.ca/@bcinfo/109496854260735359

It was also the first to accept Indigenous oral histories as legal evidence — affirming that the Elders and hereditary leaders were the experts on their land and its history.

Article: @thetyee

WordofTheHour
1 year ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations

WordofTheHour
1 year ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations

We Want EVERYTHING! 🌹
1 year ago

@Vice
It's a direct #threat to every right established by #court #precedent vs legislation. With the #filibuster in place there is no check on #SCOTUS.

WordofTheHour
2 years ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations

WordofTheHour
2 years ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations

WordofTheHour
2 years ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations

WordofTheHour
3 years ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations

WordofTheHour
3 years ago

#precedent : going before; anterior

- French: précédent

- German: der Präzedenzfall

- Portuguese: precedente

- Spanish: precedente

------------

Report an incorrect translation @ https://wordofthehour.org/r/translations