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15 Feb 2024, 6:30 am
Bruen, 597 U.S. 1, 36–37 (2022) (Thomas, J., for the majority of the Court); Bostock v. [read post]
14 Feb 2024, 3:05 pm
I don't think there is a good rationale. [read post]
12 Feb 2024, 8:24 pm
If somebody is powerful, if somebody is popular, then we don’t have rule of law anymore. [read post]
11 Feb 2024, 5:00 pm
Similarly, writing last month on Notice & Comment, Cato Institution fellow Thomas Berry argued that “forcing every platform to use identical viewpoint-neutral moderation rules would be a profound infringement on the editorial freedom that has produced a range of social media experiences” and that “[b]eing forced to carry, support, or subsidize speech that one opposes is itself a First Amendment injury. [read post]
9 Feb 2024, 3:48 pm
I don't think that position gained any traction. [read post]
9 Feb 2024, 1:28 pm
The very first question of the day came from Justice Thomas. [read post]
9 Feb 2024, 12:46 pm
Once again, Justice Thomas began the questioning. [read post]
8 Feb 2024, 2:41 pm
Thomas in St. [read post]
8 Feb 2024, 12:14 pm
For 155 years, Kavanaugh concluded, no state has attempted to disqualify a federal officer from the ballot under Section 3 because “there’s been a settled understanding” that states don’t have that power. [read post]
7 Feb 2024, 2:35 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 7:57 am
Statement to be submitted by the Electronic Frontier Foundation, accredited under operative paragraph No. 9 of UN General Assembly Resolution 75/282, on behalf of 124 signatories. [read post]
6 Feb 2024, 2:54 pm
Thomas G. [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
2 Feb 2024, 12:10 am
As the Missouri essay explains, Thomas Hart Benton shot a guy in the throat on Bloody Island in 1817, and after he lived, Benton challenged and shot him again a few months later. [read post]
30 Jan 2024, 10:27 am
The allegations originated in a whistleblower lawsuit filed by Community Health’s former Chief Financial and Chief Operating Officer Thomas Fischer. 3 — Cigna Group ($172M). [read post]
28 Jan 2024, 8:49 pm
Early in 2021, overwhelming majorities of both the U.S. [read post]
28 Jan 2024, 4:48 pm
On a close read, many parts don’t say what they might initially appear to say. [read post]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
25 Jan 2024, 6:55 pm
" I've litigated cases adversely to ATF for decades, and don't recall any in which ATF didn't argue that it was entitled to "the divine right of deference" (the modern version of "the divine right of kings"). [read post]
