Sentences with phrase «supreme court precedent»

Additionally, the legislation would overturn decades of Supreme Court precedent about indirect infringement and what it means to «induce infringement.»

«The decision takes away an important option for doctors who seek to offer the best and safest care to their patients, and turns back the clock on 30 years of Supreme Court precedent.

Relying on Supreme Court precedent from 1892, the D.C. Circuit said no.

While state courts are bound by US Supreme Court precedent (not just any federal court, only the Supreme Court) on matters of federal law, that's irrelevant here.

The Eleventh Circuit nonetheless turned to another Supreme Court precedent — United States v. Leon — the 1984 case on which Evans itself had been built.

The jury found the defendants guilty, but one defendant appealed the decision, which led to the Texas Supreme Court precedent.

This holding is consistent with existing Kentucky and United States Supreme Court precedent concerning motions to revoke probation for failure to pay fines or restitution.

In Bedford and Carter v Canada (Attorney General), 2015 SCC 5, [2015] 1 SCR 331, which dealt with the constitutionality of the provisions of the Criminal Code relative to prostitution and assisted suicide respectively, the evidence that was held to allow lower courts to revisit Supreme Court precedent came mostly from the social sciences.

Judge Sullivan's decision makes clear that even if we beat an AmLaw 100 law firm and overturn Supreme Court precedent, it's still not enough — we have to prove our value and worth over and over and over again because we don't have the cache of an AmLaw 100 law firm.

After thorough review, we are constrained to conclude that even under the most recent Supreme Court precedent, affording substantial deference to the district court's sentencing determinations, the district court abused its discretion by imposing a probationary sentence on the defendant in this case.

Accordingly, the bill provisions intend to «overturn this Supreme Court precedent and establish that the restrictions or prohibitions set forth in the New Jersey Tort Claims Act, which are specifically applicable to public entities and public employees, supersede the general availability of such damages under the common law, the above enactments, or any other statute.»

Then Nahmias, a former Northern District of Georgia U.S. Attorney, pointed out the alternative, citing U.S. Supreme Court precedent: «Once a constitutional speedy trial violation is found to exist, however, the remedy will be dismissal of the case.»

The dissent then sided with the Second, Fifth, and Eighth Circuits» conclusions that «the NLRA does not invalidate collective action waivers in arbitration agreements,» asserting that such decisions were consistent with Supreme Court precedent.

In his petition to the Supreme Court, Mississippi Attorney General Jim Hood argues that the 5th Circuit's decision conflicts with Supreme Court precedent.

ATRA president Tiger Joyce observed that, «For too long, too many lower courts have encouraged «litigation tourism» by ignoring both ample Supreme Court precedent and corporate defendants» Fourteenth Amendment right to due process.

For the time being, however, the Supreme Court precedent of affording deference remains intact.

Note also that three Justices wrote concurring opinions expressing concern that other Supreme Court precedent requires courts to give a high degree of deference to a federal agency's interpretations.

Each side points to Ohio Supreme Court precedent to support their viewpoint.

It was obvious that he'd refuse to give an opinion on any Supreme Court precedent, other than to state that the case was legal precedent to which deference was due.

The lawyer who wrote the cert petition, J. Michael Jakes of Finnegan, Henderson, Farabow, Garrett & Dunner, is hopeful, saying his argument is based solidly on Supreme Court precedent.

One must stay on top of the Supreme Court precedent in order to keep abreast of this ever - changing landscape.

«New Supreme Court Precedent: Using Video to Illustrate a Decision Main Half Sees Staffing up by Half»

Reporting to the police is not legally viable due to Supreme Court precedent.

In a partial dissent, Judge Daniel Manion said he agreed that the law violates Supreme Court precedent, though he would have upheld a provision requiring abortion clinics to bury or cremate fetal remains.

Liebowitz also argued that the sanction was «wholly punitive in nature,» violating Supreme Court precedent that requires sanctions imposed by a judge's inherent authority to be compensatory rather than punitive in nature.

The blog quotes her describing Alito as «very thoughtful, very careful, very respectful of Supreme Court precedent.

Mother Jones is reportedly unlikely to face any legal issues under Supreme Court precedent that protects publication of such videos.

Some patent lawyers say all this Supreme wrist - slapping has been felt by the Federal Circuit, as most notably evidenced by its August decision In re Seagate Technology, in which it overruled a quarter century of its own decisions and brought itself more in line with Supreme Court precedent.

But the court said it was bound by U.S. Supreme Court precedent on qualified immunity for state employees.

Gay marriage, and some death penalty restrictions are at stake if things go badly, while restoring Supreme Court precedent controlling unlimited political funding could happen if things go well.

They point to a 1982 Supreme Court precedent that required individual education plans — IEPs — only need to give «some educational benefit,» or a «basic floor of opportunity.»

Cato has filed an amicus brief supporting them, arguing that the educational tax credits are not «money raised by taxation» according to the original understanding of the 1877 amendment, New Hampshire case law, and U.S. Supreme Court precedent.

«The Third Circuit ruling forces school officials to jettison educational judgments for highly legalistic ones in a way that jeopardizes the day - to - day work of public schools and potentially harms students,» said NSBA General Counsel Francisco M. Negrón, Jr. «This ruling misreads Supreme Court precedent recognizing that school officials have the authority to determine what is appropriate speech in schools and to limit student expression that is contrary to their educational mission.»

The judge argued that the state law, «when measured against Supreme Court precedent... falls woefully short of constitutional requirements» in the restrictions it placed on access to abortion for pregnant girls under age 18.

Forbidding all public employers from collecting union dues would have been satisfactory under the controlling Supreme Court precedent.

Silver's lawyers have also filed motions to dismiss the indictment based on a Supreme Court precedent that led to the acquittal of former Senate majority Joe Bruno.

Corporation Counsel Zachary Carter, a former U.S. attorney, said there is U.S. Supreme Court precedent that «the federal government can't use the threat of withholding funds to coerce the states to conform with federal government issued policy.»

However, an appeals court last summer threw out that conviction, based on a Supreme Court precedent that narrowed the definition of what constitutes corruption by an official.

An appeals court used a recent Supreme Court precedent to say the jury had been given incorrect instructions in the case.

However, it doesn't really matter because based on previous Supreme Court precedent a state is not allowed to secede from the US.

But Kasich did sign into law a measure banning abortions after 20 weeks — another controversial regulation that could potentially brush up against previous court rulings, even though Kasich cited Supreme Court precedent for his veto of the «heartbeat» legislation.

Professor Valiant: As a lower - court judge, Senator, I would apply all governing Supreme Court precedents in cases that come before me.

Tubbs» targets range from no - fault divorce to Supreme Court precedents undermining state regulation of contraception and obscenity, and he has much that is interesting to say about each.

Plus, intermediate - court judges like Gorsuch are bound by Supreme Court precedents, so appeals - court opinions often reflect more about a judge's understanding of precedents than his or her constitutional philosophy.

Lower courts in the US have been applying overly - restrictive criteria for patent - eligible subject matter that conflict with Supreme Court precedents, six prominent patent law scholars have claimed.

Despite clear Supreme Court precedents supporting the exhaustion doctrine, the Federal Circuit Court of Appeals has broken with this...

Not exact matches

Wheeler's decision also flies in the face of a legal precedent set by the Supreme Court in 2005, notes Downes.

The U.S. judge has excluded foreign investors, based on a precedent set in a 2010 Supreme Court ruling in the case of Morrison v. National Australian Bank.

WASHINGTON — Overruling two important precedents about the First Amendment rights of corporations, a bitterly divided Supreme Court on Thursday ruled that the government may not ban political spending by corporations in candidate elections.

When Paula Jones sued Bill Clinton for sexual harassment 20 years ago, the Supreme Court set the precedent that a sitting president can't push off a federal case until after he leaves office.