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18 Apr 2024, 11:02 am by Josh Blackman
There were three separate writings: a concurrence by Justice Gorsuch, joined by Justices Thomas and Alito; a concurrence by Justice Kavanaugh, joined by Justice Barrett; and a dissent by Justice Jackson, joined by Justice Sotomayor. [read post]
16 Apr 2024, 8:58 pm by Josh Blackman
Justice Jackson wrote the majority opinion, holding that the servicemember could use benefits from either program, in any order. [read post]
16 Apr 2024, 1:34 pm by Amy Howe
Justice Clarence Thomas told Prelogar that “there have been many violent protests that have interfered with proceedings. [read post]
16 Apr 2024, 1:09 pm by Eugene Volokh
Poe, twice in Justice Gorsuch's concurrence (joined by Justices Thomas and Alito), and once in Justice Jackson's dissent (joined by Justice Sotomayor). [read post]
However, this 34-page decision included concurrences by Justices Neil Gorsuch, Samuel Alito, Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett. [read post]
16 Apr 2024, 6:49 am by Samuel Bray
And Justice Jackson made exactly that point (footnote 3). [read post]
16 Apr 2024, 4:00 am by Howard Friedman
Given that reality, the Court must then determine the best processes for analyzing likelihood of success on the merits in emergency cases.Justice Jackson, joined by Justice Sotomayor, filed a dissenting opinion, saying in part:This case presents numerous reasons for exercising restraint. [read post]
15 Apr 2024, 3:38 pm by Amy Howe
Jackson urged her colleagues to exercise restraint in dealing with requests for emergency relief. [read post]
15 Apr 2024, 8:52 am by Guest Author
” As Justice Ketanji Jackson suggested, “finality principles should be playing a significant role” in Corner Post. [read post]
3 Apr 2024, 10:08 am by fjhinojosa
Casto’s article Robert Jackson’s Critique of Trump v. [read post]
28 Mar 2024, 10:15 am by Ronald Mann
Justice Clarence Thomas, for example, pointedly asked, “[i]f a very interested buyer showed up the day after Michael died, would Thomas sell the business to him for 3.86 million? [read post]
27 Mar 2024, 4:00 am by Michael C. Dorf
The reason I say Justice Thomas might be in play is that he might regard the case as an opportunity to strike a final death blow to the broadest interpretation of the tester-plaintiff case of Havens Realty Corp. v. [read post]
Justice Jackson, in her questioning of Hawley, asked why the objections of the plaintiffs should result in the drug being made unavailable to all physicians and pregnant individuals nationwide. [read post]
26 Mar 2024, 3:35 pm by Mark Walsh
“I just have one quick question,” Jackson says to Ellsworth. [read post]
26 Mar 2024, 7:17 am by Jonathan H. Adler
Justice Jackson asks Ellsworth about the problems of judges reviewing expert agencies. [read post]
21 Mar 2024, 10:55 am by Tom Smith
“It went about as I predicted it would,” she said, sketching out what she saw to be the dynamics on the bench, with three sympathetic justices (Samuel Alito, Neil Gorsuch, and Clarence Thomas), three swing votes (Amy Coney Barrett, Brett Kavanaugh, and Chief Justice John Roberts), and three skeptics (Sonia Sotomayor, Elena Kagan, and Brown Jackson). [read post]