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2 Jan 2020, 11:55 am
") As David Bernstein has pointed out, the problem here partly stems from the view that public comments by students, professors, and others can violate antidiscrimination law if they create a "hostile educational environment" based on race, religion, sex, sexual orientation, gender identity, national origin, and the like. [read post]
19 Dec 2019, 9:01 pm
Justice David Souter wrote the majority opinion for the Court, while Stevens wrote a dissent that Justice Ruth Bader Ginsburg joined.Stevens’s dissent was based on two core beliefs. [read post]
17 Dec 2019, 12:15 pm
Dedi left Oxford shortly thereafter, and David McBride has taken on her role in the years since. [read post]
29 Oct 2019, 9:01 pm
Modeled on the appointment of “neutral” arbitrators, the Epps/Sitaraman proposal, Buttigieg told Cosmo, would depoliticize the Court and lead to the selection of “more justices who think for themselves . . . like Justice Kennedy or [retired] Justice [David] Souter. [read post]
25 Oct 2019, 10:05 am
On appeal to the First Circuit Court of Appeals (before a panel that included retired Supreme Court Justice David Souter), Aetna pressed two (2) arguments. [read post]
15 Oct 2019, 9:01 pm
To similar effect, Justice David Souter thought that in an extreme case—for example, if the Senate decided whether to remove a President whom the House had impeached by tossing a coin—a court could invalidate the result.Let us assume that the justices comprising the majority in Judge Nixon’s case would approve of that conclusion if formulated as a standard to be applied by Congress itself. [read post]
2 Oct 2019, 12:48 pm
Six months later, the Ninth Circuit upheld a lower court’s injunction blocking the Trump administration’s attempted rollback of DACA, which temporarily exempts certain undocumented immigrants brought to the U.S. as children from deportation.Mogan is a former clerk to now-retired Justice David Souter and to Judge Merrick Garland on the U.S. [read post]
2 Oct 2019, 6:54 am
In Casey, the 1992 abortion ruling, three justices who are all now retired – Sandra Day O’Connor, Anthony Kennedy and David Souter – established in a joint opinion a four-part test. [read post]
9 Aug 2019, 2:18 pm
Since winning Senate confirmation, 68-31, and being sworn in Aug. 8, 2009, to succeed former associate justice David Souter, she has been a reliable member of the court's liberal wing. [read post]
17 Jul 2019, 1:00 pm
Retired Justice David H. [read post]
8 Jul 2019, 9:24 am
Justice David Souter/Justice Sonia Sotomayor, Justice John Paul Stevens/Justice Elena Kagan, Justice Ruth Bader Ginsburg and Justice Stephen Breyer are coded as liberal justices. [read post]
30 Jun 2019, 6:30 am
Larry Lessig is clearly one of the most interesting and imaginative scholars within the legal academy, and he has written a book that fully vindicates the enthusiastic blurbs it receives (from myself, as well as others). [read post]
19 Jun 2019, 9:55 am
The more liberal coalitions included Justices David Souter, John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer until 2009, then Justice Sonia Sotomayor, Stevens, Ginsburg and Breyer in 2009, and Sotomayor, Justice Elena Kagan, Ginsburg and Breyer for the 2010 term forward. [read post]
3 Jun 2019, 9:04 am
” He cites Justice Byron White and Justice David Souter, who both seem to have had a similar view of the Supreme Court as a potential savior of a crumbling republic. [read post]
1 Jun 2019, 7:36 am
"Justice David Souter, a George H. [read post]
31 May 2019, 6:00 am
That is the unambiguous message of the ferocious reaction on the right to Roberts’ decision – disingenuously mischaracterizing and seeking to delegitimate his opinion, excoriating him for “betrayal,” equating him with former center-left Justice David Souter, and generally purporting to excommunicate him from the inner sanctum of “constitutional” – i.e., tribal – conservatives.Never mind that, from his first decisions on the… [read post]
30 May 2019, 2:00 am
Souter. [read post]
23 May 2019, 10:03 am
At 72.73 percent agreement, the Gorsuch-Kavanaugh pairing is almost five percentage points lower than the duo with the next least agreement, Justice David Souter and Thomas, a pair who ended up on opposite ideological poles of the court. [read post]
14 May 2019, 7:29 am
The following is a series of questions prompted by the forthcoming publication of Michael Bobelian’s “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon, and the Forging of the Modern Supreme Court” (Schaffner Press, 2019). [read post]
12 May 2019, 9:01 pm
The first is a ruling on the merits; only the latter is a true, pure invocation of political question doctrine.The point was illustrated by a hypothetical posed by Justice Souter in an opinion concurring in the judgment in Nixon. [read post]
