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27 Mar 2024, 3:39 pm by Guest Author
”[3] Had Justice Kagan looked deeper into the Court’s case law as well as the letter and spirit of the Constitution, she would have reached a different conclusion. [read post]
18 Mar 2024, 5:07 am by Scott Bomboy
Writing for a 5-4 majority, Justice John Paul Stevens said that “the Framers decided that the qualifications for service in the Congress of the United States be fixed in the Constitution and be uniform throughout the Nation. [read post]
29 Feb 2024, 7:15 pm by Barbara Moreno
John Charles Thomas, The Poetic Justice:  A Memoir (2022). 43. [read post]
19 Feb 2024, 4:00 am by jonathanturley
Even liberals on the Court such as John Paul Stevens and Stephen Breyer agreed that such “grossly excessive” awards raise a “basic unfairness of depriving citizens of life, liberty, or property, through the application of arbitrary coercion. [read post]
28 Jan 2024, 4:54 pm by Christopher J. Walker
Chief Justice John Roberts, Associate Justice Antonin Scalia, and Judge Patricia Wald participated in Duke Law Journal’s 1993, 1989, and 1997 Administrative Law Symposia, respectively. [read post]
23 Jan 2024, 7:42 am by Austin Sarat
And in 2022, the Supreme Court seemed to reaffirm that decision and again ruled that appellate courts do not have to consider actual innocence claims.Not surprisingly, Herrera has generated lots of controversy.For example, in 2009, Justice John Paul Stevens used a concurrence in another actual innocence case to observe that any statute that “bars relief for a death row inmate who has established his innocence” is “arguably unconstitutional. [read post]
18 Jan 2024, 5:54 am
  The case was decided 6-0 by the US Supreme Court with Justice John Paul Stevens writing for the majority. [read post]
16 Jan 2024, 12:30 pm by Amy Howe
Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. [read post]
10 Jan 2024, 2:12 pm by Guest Author
” Whether intended or not by Justice John Paul Stevens, who authored the unanimous opinion, the Chevron regime has come, over the years, to be viewed as significantly altering the then-existing understanding of the judiciary’s role in reviewing agency decisions. [read post]
2 Jan 2024, 11:51 pm by Steven Calabresi
  The left wing justices on that Court all embrace left wing legal realism from William Brennan to Thurgood Marshall to John Paul Stevens. [read post]
1 Dec 2023, 7:23 am by Amy Howe
Chief Justice John Roberts said in a press release announcing O’Connor’s death that O’Connor “blazed a historic trail as our Nation’s first female Justice. [read post]
20 Nov 2023, 10:26 am by DONALD SCARINCI
  As explained by Justice John Paul Stevens, the analysis involves a two-step process. [read post]
20 Nov 2023, 4:00 am by Michael C. Dorf
In my latest Verdict column, I revive an idea that Professor Lisa Tucker and I first championed over a decade ago based on a bill that was then pending in the Senate Judiciary Committee and initially suggested by Justice John Paul Stevens: when a Justice cannot participate in a case because of a recusal or other disqualification, a retired Justice could "come off the bench" to fill in.As I explain in the new column, there are currently… [read post]
19 Nov 2023, 9:00 pm by Michael C. Dorf
It had been first proposed by the then-Chair of the Senate Judiciary Committee, Senator Patrick Leahy—who in turn had gotten it from retired Justice John Paul Stevens.The new interest in judicial ethics at the Supreme Court makes the pinch-hitter proposal timely once again, but it might not be adequate. [read post]
3 Nov 2023, 11:52 am by David Oscar Markus
  And of course, Justice John Paul Stevens—who spent most of his late retirement in Fort Lauderdale—was quite clear in his dissenting opinion in Republican Party of Minnesota v. [read post]