Memorandum of Understanding on Judicial Nominations, US Senate, May 23, 2005 . Excerpt: Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether [...]

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The US Senate Tuesday prepared to confirm Texas Supreme Court Justice Priscilla Owen to the 5th US Circuit Court of Appeals Tuesday following a bipartisan deal reached Monday night that avoided a showdown over judicial nominees and assured Owen the simple majority needed for a confirmation vote. Under the agreement, filibusters are to be used [...]

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Lingle v. Chevron USA, Supreme Court of the United States, Justice O'Connor, May 23, 2005 . Excerpt: For the foregoing reasons, we conclude that the "substantially advances" formula announced in Agins is not a valid method of identifying regulatory takings for which the Fifth Amendment requires just compensation. Since Chevron argued only a "substantially advances" [...]

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Medellin v. Dretke, Supreme Court of the United States, Per Curiam, May 23, 2005 . Excerpt: In light of the possibility that the Texas courts will provide Medellín with the review he seeks pursuant to the Avena judgment and the President's memorandum, and the potential for review in this Court once the Texas courts have [...]

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Deck v. Missouri, Supreme Court of the United States, Justice Breyer, May 23, 2005 . Excerpt: Given the presence of similarly weighty considerations, we must conclude that courts cannot routinely place defendants in shackles or other physical restraints visible to the jury during the penalty phase of a capital proceeding. The constitutional requirement, however, is [...]

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