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19 Sep 2020, 11:34 am by Katie Bart
This post has been updated with a statement from retired Justice David Souter. [read post]
14 Sep 2020, 9:03 am by Edward B. Foley
Justice David Souter, who had pressed the equal protection issue forcefully during oral argument, wrote: “I can conceive of no legitimate state interest served by these differing treatments of the expressions of voters’ fundamental rights. [read post]
17 Aug 2020, 11:58 am by SCOTUStalk
This is Tom Goldstein and Justice David Souter in Georgia v. [read post]
17 Aug 2020, 4:00 am by Josh Blackman
He would appoint David Souter and Clarence Thomas to the Supreme Court. [read post]
16 Jul 2020, 2:30 pm by Guest Blogger
  Similarly, some progressive pundits have carped that the Court’s dispatch of Trump’s claim of immunity from subpoenas resulted merely in remands that will likely keep his financial records secret through the November election – without acknowledging that such remands were, under the circumstances, routine, in practice, unavoidable.Third, progressives should not buy into the line some conservatives are now trumpeting, that Roberts.is “drifting left,” recycling the… [read post]
7 Jul 2020, 11:35 am by Adam Feldman
The conservative justices on the court for this period all had greater rates of voting to overturn precedent than their liberal counterparts (Justices David Souter and John Paul Stevens weren’t included because they had both retired by the 2010-2011 term). [read post]
21 Jun 2020, 9:01 pm by Michael C. Dorf
Commenting on the Supreme Court’s controversial rulings on the extent to which the Constitution applied in the territories the United States acquired in the wake of the Spanish-American War, Finley Peter Dunne famously had his character Mr. [read post]
15 Jun 2020, 11:15 am by Adam Feldman
The more liberal justices have more negative numbers and include Ginsburg, Breyer, Sotomayor and Kagan as well as Justices David Souter and John Paul Stevens. [read post]
29 Apr 2020, 11:29 am by doug
The late Justice Antonin Scalia and New Hampshire’s David Souter filed a blistering dissent, emphasizing the plain language of bankruptcy code section 506, which appears to allow claims to be split into secured and unsecured portions. [read post]
29 Apr 2020, 9:16 am by Charlotte Butash, Margaret Taylor
Judge David Tatel then asks about the Supreme Court’s April 27 order in Mazars, requesting that the parties brief the question of whether the political question doctrine applies. [read post]
12 Apr 2020, 9:01 pm by Michael C. Dorf
On Tuesday, April 7, Wisconsin held a primary election despite the fact that state residents were under an order of the governor to stay home in order to slow the spread of COVID-19. [read post]
25 Mar 2020, 11:06 am by Ilya Somin
One of the other members of the panel is retired Supreme Court Justice David Souter (sitting by designation on the same circuit he served on before being nominated to the Supreme Court in 1990). [read post]
13 Mar 2020, 7:08 am by Ronald Collins
The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020). [read post]
2 Mar 2020, 11:00 pm by DONALD SCARINCI
” Dissent Justice David Souter authored a dissent, which was joined by Justices John P. [read post]
2 Jan 2020, 9:01 pm by Vikram David Amar
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]