Discover and read the best of Twitter Threads about #staredecisis

Most recents (2)

.@AZCourts grants review in @GeneralBrnovich v. @AZRegents on issue of whether the trial court erred in dismissing complaint. #azlaw #azconlaw
@AZCourts @GeneralBrnovich @AZRegents As I read rephrased question, it incorporates the question of whether to overrule State Land Dept. v. McFate. Under state statute untouched since the 1960s, the State Supreme Court has long-held that the Attorney General does not have a free standing to sue state agencies.
@AZCourts @GeneralBrnovich @AZRegents .@GeneralBrnovich, @TerryGoddardAZ and other former AGs have called for McFate to be overruled. Other people, like me, believe there is no reason to reverse settled law in the absence of any legislative action. #staredecisis
Read 7 tweets
Franchise Tax Board v Hyatt is the sleeper abortion case you have not heard about. Because, of course, it is not about #abortion.

But the decision - and HOW it is reached - is going to determine how the incoming wave of abortion cases are going to be resolved.

The FTB case came from a tax dispute. A former resident of California sued the California Franchise Tax Board in a Nevada state court, claiming that it had done him all manner of wrongs in investigating his purported tax liability.
California does not want to be sued in another state’s courts. The current law, decades old, allows such suits.

The case has nothing to do with abortion, but everything to do with how to overturn precedent.
Read 23 tweets

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