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Tag Archives: Adam Liptak

Supreme Court Judges Really Use Dictionaries To Determine Legislative Intent?

26 Monday May 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Appellate Law, Judges, Legal Analysis, Legal Dictionaries, Legal Writing, Legislative History, References, United States Supreme Court

≈ Comments Off on Supreme Court Judges Really Use Dictionaries To Determine Legislative Intent?

Tags

Adam Liptak, Good Legal Writing, Legal Dictionaries, Legal Writing, Legislative History, New York Times, Statutes, Tiffany Johnson, U.S. Supreme Court

Look It Up! Or Not…, by Tiffany Johnson, Good Legal Writing

http://goodlegalwriting.com/2014/04/14/look-it-up-or-not/

I always encourage my students to look up any words that confuse them as they read opinions.  But this 2011 New York Times article  cites a few scholars who don’t think it’s the most judicious practice to undertake from the bench.  Check out this excerpt:

In May alone, the justices cited dictionaries in eight cases to determine what legislators had meant when they used words like ‘prevent,’ ‘delay’ and ‘report.’ Over the years, justices have looked up both perfectly ordinary words (‘now,’ ‘also,’ ‘any,’ ‘if’) and ones you might think they would know better than the next guy (‘attorney,’ ‘common law’).

All of this is, lexicographers say, sort of strange. . . .

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Oklahoma Supreme Court Rules That 2011 State Abortion Law Violates Constitution

30 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Appellate Law, Oklahoma Supreme Court, State Appellate Courts, United States Supreme Court

≈ Comments Off on Oklahoma Supreme Court Rules That 2011 State Abortion Law Violates Constitution

Tags

Abortion, Adam Liptak, Oklahoma Supreme Court, United States Supreme Court

State Court Deems Law Wide Attack on Abortion, by Adam Liptak, The New York Times (with hat tip to Howard Bashman, How Appealing Blog!)
http://perma.cc/0pTyFyfurD4

In Oklahoma Coalition For Reproductive Justice v. Cline, 2012 OK 102,
292 P.3d 27, all Justices of the Oklahoma Supreme Court concurred in a per curium opinion that this legal issue is controlled by Planned Parenthood v. Casey, 505 U.S. 833 (1992).

The Oklahoma Supreme Court held:

The challenged measure is facially unconstitutional pursuant to Casey, 505 U.S. 833. The mandate of Casey remains binding on this Court until and unless the United States Supreme Court holds to the contrary. The judgment of the trial court holding the enactment unconstitutional is affirmed and the measure is stricken in its entirety.

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