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29 Nov 2023, 10:07 am
In a concurring opinion, Justice Brett Kavanaugh (joined by Justice Amy Coney Barrett) agreed with Justice Thomas that Article II issues are raised by the False Claims Act’s qui tam provisions and that the Court should consider them in an appropriate case down the road. [read post]
27 Nov 2023, 2:15 am
The Brett Wilson Media and Communications Law Blog has an article analysing whether AI is an effective tool for legal research. [read post]
20 Nov 2023, 7:36 am
Justice Brett Kavanaugh indicated that he would have granted the company’s petition for review, but he did not join a dissent by Justice Clarence Thomas. [read post]
17 Nov 2023, 7:36 pm
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch indicated that would have granted Florida’s application for stay, allowing the law to be enforced state-wide while the lawsuit continues pending. [read post]
16 Nov 2023, 2:26 pm
Three justices – Clarence Thomas, Samuel Alito, and Neil Gorsuch – indicated that they would have granted the state’s application, but they did not provide any explanation for their votes. [read post]
13 Nov 2023, 1:19 pm
Several justices – including Kagan and Justices Amy Coney Barrett and Brett Kavanaugh – expressed support for an ethics code during speaking engagements. [read post]
7 Nov 2023, 2:20 pm
” Justice Brett Kavanaugh also expressed concern about that reading of the statute, which he found “very unusual. [read post]
31 Oct 2023, 2:40 pm
Justice Brett Kavanaugh was dubious about Kedem’s proposed focus on whether an official has established a channel for communicating with constituents. [read post]
31 Oct 2023, 1:05 pm
Roberts Jr. with Justices Brett Kavanaugh and Amy Coney Barrett a little less to the right.Although it's tempting to think this could be a tiebreaker term — one that shows which of the prior two terms truly foreshadowed the supermajority's long-term ambitions — clarity could take time. [read post]
30 Oct 2023, 2:03 am
The Brett Wilson Media and Communication blog has an article exploring how the courts are handling sexual misconduct defamation hearings six years on from the start of the #MeToo movement. [read post]
24 Oct 2023, 9:01 pm
Nonetheless, there is reason to hope that Justices Brett Kavanaugh and Amy Coney Barrett—who fully joined Justice Gorsuch’s opinion in Whole Woman’s Health but did not join his statement in Missouri v. [read post]
24 Oct 2023, 4:36 pm
” Davidoff & Ors v (i) Dhir Doshi and (ii) Thomas Govan [Claim No. [read post]
23 Oct 2023, 5:38 am
For a stark difference in tone and an effort to reassure the losers that they have not lost everything, see Justice Brett Kavanaugh's concurring opinion. [read post]
22 Oct 2023, 9:10 am
Missouri applied to Justice Brett Kavanaugh to stay the lower court ruling. [read post]
16 Oct 2023, 3:00 pm
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh indicated that they would have allowed the ban on enforcement of the rule to continue. [read post]
11 Oct 2023, 2:03 pm
” Thomas’s question was another good sign for the state. [read post]
4 Oct 2023, 1:35 pm
But Justice Brett Kavanaugh seemed to propose an alternative that might satisfy some of his colleagues. [read post]
3 Oct 2023, 2:33 pm
Justice Neil Gorsuch echoed Thomas’s concern. [read post]
2 Oct 2023, 5:55 am
Justices Brett Kavanaugh, Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan concurred with the majority as concerned the Sacketts’ property but, pertaining to the question of the CWA’s scope, wrote in favor of Kennedy’s approach in the Rapanos case. [read post]
26 Sep 2023, 8:55 am
In a concurring opinion, Justice Brett Kavanaugh acknowledged an argument made by Justice Clarence Thomas in his dissent: the idea that “even if Congress in 1982 could constitutionally authorize race-based redistricting under §2 for some period of time,” it cannot do so indefinitely. [read post]
