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24 Oct 2023, 9:01 pm by Michael C. Dorf
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]
23 Oct 2023, 5:38 am by Neil Siegel
 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]
16 Oct 2023, 3:00 pm by Amy Howe
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]
4 Oct 2023, 1:35 pm by Amy Howe
But Justice Brett Kavanaugh seemed to propose an alternative that might satisfy some of his colleagues. [read post]
3 Oct 2023, 2:33 pm by Amy Howe
Justice Neil Gorsuch echoed Thomas’s concern. [read post]
2 Oct 2023, 5:55 am by Colby Galliher
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 by Amy Howe
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]
22 Sep 2023, 2:21 am by Seán Binder
Brett Samuels reports for The Hill. [read post]
12 Sep 2023, 12:39 pm by Geoff Schweller
” Justice Brett Kavanaugh, in a concurrence joined by Justice Amy Coney Barrett, agreed with Thomas, writing that “[t]he court should consider the competing arguments on the Article II issue in an appropriate case. [read post]
8 Sep 2023, 6:18 am by Above the Law
Though for colleagues like Thomas and Alito it seems to be more like being an NBA referee. [read post]
29 Aug 2023, 9:01 pm by Michael C. Dorf
Although a concurrence by Justice Clarence Thomas contains many tendentious claims about the history of Reconstruction, it is difficult to disagree with his bottom-line assessment of the majority opinion he joined in SFFA: “Grutter is, for all intents and purposes, overruled. [read post]
21 Aug 2023, 3:11 am by Patricia Salkin
In 2020, Oakley sought a zoning change for a B-PUD, which would have affected all 228 acres of his property at 8762 Thomas Road. [read post]
11 Aug 2023, 4:00 am by Jim Sedor
Clarence Thomas’ 38 Vacations: The other billionaires who have treated the Supreme Court justice to luxury travel ProPublica – Brett Murphy and Alex Mierjeski | Published: 8/10/2023 During Clarence Thomas’s three decades on the Supreme Court, a cadre of industry titans and ultrawealthy executives have treated him to vacations aboard their yachts, ushered him into the premium suites at sporting events, and sent their private jets to fetch him… [read post]
10 Aug 2023, 7:21 am by SCOTUSblog
Here’s the Thursday morning read: Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel (Brett Murphy & Alex Mierjeski, ProPublica) US Supreme Court refuses Epic bid to let App Store order take effect in Apple case (Andrew Chung, Reuters)  The Supreme Court has already rejected a key part of Trump’s defence (Alex Woodward, The Independent) Attacks on corporate diversity programs are ramping up… [read post]
8 Aug 2023, 10:27 am by Amy Howe
” The vote was 5-4, with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh indicating that they would have denied the government’s request and allowed the ban on enforcement of the rule to continue. [read post]