Introduction Voting is an iconic embodiment in American civic life. Other than standing for public office, American citizens have no stronger collective civic obligations than those that flow from their ability and responsibility to help shape community policy. The vote is a primary vehicle for exercising those civic responsibilities.
If you were going to write a ridiculous piece of fiction that no one in the industry would believe the plot would start with the United States Supreme Court citing stare decisis in a patent case.
But that is exactly what happened earlier today in Kimble v. Simply stated, any patent decision from the Supreme Court that cites stare decisis lacks all intellectual credibility given how arbitrarily and capriciously they have ignored their patent own precedent and the patent statutes over the past decade.
Given how frequently the Court disturbs well-established principles and precedent in the patent space the use of stare decisis in this case is nothing more than a complete and total cop-out. It also insults the intelligence of anyone who has even casually observed the Supreme Court on patent matters over the past decade.
For example, over the last four years the Supreme Court has ignored prior precedent and even refused to apply the clear and unambiguous terms of the one-sentence patent statute they have so frequently interpreted.
Indeed, in patent eligibility cases the Supreme Court has uttered complete nonsense, such as discoveries are not patent eligible even though the statute — 35 USC — says otherwise.
It was particularly difficult to read the Supreme Court explain that overruling previous decisions requires special justification and stare decisis has additional force where the Court is interpreting a statute given that the parties can always go to Congress with their objections.
Indeed, in Myriad and Alice the Supreme Court not only ignored their own precedent, but also upset the entire software industry and much of the biotech industry in the process. To hell with well established expectations of innovators and companies that operate in those sectors.
The Supreme Court knew best. They decided to re-write the law on their own accord. Where was the concern about stare decisis then? The simple truth is that there has been no concern at the Supreme Court about stare decisis over past patent eligibility decisions. In fact, the changes to the well-established law that the Supreme Court adopted in both Myriad and Alice were not just prospectively applied, but they were retroactively applied.
To retroactively apply changes within a property rights regime is fundamentally unfair, even more so when the law was well established for three decades.
Prometheusthe Supreme Court substantively ignored the mandates of the Patent Act and expanded the patent eligibility inquiry under 35 U. But not only did the Supreme Court ignore the statute, they ignored their own precedent that clearly and unambiguously forbade exactly what they did, which was to turn the patent inquiry into a single inquiry test.
Previous Supreme Courts had universally warned against that and chastised courts for not following the statute. The statute the Supreme Court has spent so much time interpreting does not give the Court any authority to create any judicially created exceptions to what is patent eligible, but the Court still moves forward with an ever increasing list of things that are patent ineligible.
The Supreme Court acts as if they know best and Congress answer to them instead of the other way around, which is how the Constitution distributes powers.
Indeed, if a statute is constitutional then Congress is supposed to be the final word, not the Supreme Court. For reasons never explained the Supreme Court must view themselves as a super legislative body that has the authority to ignore Congress as it pleases them.
If this judicial tribunal were in the Middle East the Western press would endlessly ridicule them, but because they are the U. Supreme Court they seem to get a pass.Planned Parenthood v. Casey, U.S. (), was a landmark United States Supreme Court case in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion was challenged.
The Court's plurality opinion reaffirmed the central holding of Roe v. Wade stating that "matters, involving the most intimate and personal choices a person may make in a lifetime.
Stare decisis is a Latin term. It means 'to stand by things decided.' It means 'to stand by things decided.' Stare decisis is a doctrine used in all court cases and with all legal issues.
Bouvier's Law Dictionary Edition. S. SABBATH. The same as Sunday. (q. v.) SABINIANS. A sect of lawyers, whose first chief was Atteius Capito, and the second, Caelius Sabiaus, from whom they derived their name.
3. old rule is misleading to what stare decisis is about This is incorrect - the reason you can depart because of these three reasons is because it is doing an injustice to the party in question. Has not portrayed the law as a whole coherent body HORIZONTALLY - not vertically.
In recent years, a concerted effort has been gathering force to allow new immigrants to the United States to vote without becoming citizens. It is being mounted by an alliance of liberal (or progressive, if you prefer) academics and law professors, local and state political leaders most often associated with the Democratic Party or other progressive parties like the Greens, and community and.
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