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4 Jun 2024, 8:44 am
So Trump could ask the Supreme Court to rule that this prosecution is unconstitutional....The current Court is divided on how broadly to apply this rule of lenity, with Justices Sonia Sotomayor and Neil Gorsuch arguing for a more expansive approach, while Justices Samuel Alito and Brett Kavanaugh push a more pro-prosecution approach.... [read post]
25 Apr 2024, 3:16 pm by Mark Walsh
“We’re writing a rule for the ages,” Justice Neil Gorsuch says. [read post]
22 Apr 2024, 6:28 pm by Ilya Somin
At the oral argument, Justice Neil Gorsuch suggested some criminalization of sleeping outside by homeless people might be forbidden by the Due Process Clause of the Fourteenth Amendment, or by the Excessive Fines Clause of the Eighth Amendment. [read post]
28 Mar 2024, 10:15 am by Ronald Mann
Justice Neil Gorsuch made a similar point: “I understand a hypothetical purchaser of the company as a whole would say: ‘Ah, that $3 million is going to inure to my benefit because I’m just going to extinguish the redemption obligation and off we go. [read post]
15 Mar 2024, 6:24 am by Amy Howe
Three justices – Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch – dissented from the court’s decision to temporarily block Doughty’s order, calling it “unreasoned” and “highly disturbing. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
So six justices, Chief Justice Roberts, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett all agreed with heart of the reasoning in the per curiam opinion. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
So six justices, Chief Justice Roberts, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett all agreed with heart of the reasoning in the per curiam opinion. [read post]
29 Feb 2024, 12:32 pm by Ronald Mann
Justice Neil Gorsuch, for example, led David Harris, representing the customers, to concede that “the arbitration agreement … is still operative,” and that “it says it applies to everything. [read post]
21 Feb 2024, 12:50 pm by Amy Howe
Justice Neil Gorsuch echoed Kavanaugh’s concerns. [read post]
Gorsuch repeatedly redirected Murray’s answers, where he stated things like “I’m not going to ask again,” and “Please don’t use other hypotheticals. [read post]