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17 May 2024, 12:29 pm by Josh Blackman
Indeed, I suspect that the Kagan position likely had the support of Chief Justice Roberts and Justice Jackson. [read post]
17 May 2024, 5:45 am by Michael C. Dorf
I strongly suspect that, even though Chief Justice Roberts did not join Justice Kagan's concurrence, he would be with her on liquidation. [read post]
16 May 2024, 9:49 pm by Adam Levitin
To that end, I appreciate Justice Jackson's pithy concurrence that doesn't bother with the English legal history. [read post]
16 May 2024, 9:55 am by Amy Howe
” By contrast, Jackson would have taken a narrower approach. [read post]
16 May 2024, 9:39 am by Josh Blackman
Roberts, Kavanaugh, and Barrett would not have had enough votes to stay the second court. [read post]
10 May 2024, 9:31 pm by Steven Calabresi
Former Attorney General Robert Jackson said in a December 1, 1940 speech at the Conference of U.S. [read post]
7 May 2024, 7:12 am by Scott Bomboy
While few cases have come to the Supreme Court in recent years about this right, the scholars explain that “the freedom to assemble peaceably remains integral to what Justice Robert Jackson once called ‘the right to differ. [read post]
30 Apr 2024, 12:25 pm by Lawrence Solum
Jackson Women’s Health Organization (reversing the abortion right) and in New York State Rifle & Pistol Ass’n v. [read post]
30 Apr 2024, 8:37 am by Will Baude
  In general, the breadth of this exemption probably mirrors the scope of inherent and preclusive presidential power—that third category from Justice Jackson's concurrence in the Steel Seizure Cases. [read post]
28 Apr 2024, 9:30 pm by ernst
Jackson Women’s Health Organization (reversing the abortion right) and in New York State Rifle & Pistol Ass’n v. [read post]
26 Apr 2024, 11:39 am by Scott Bomboy
A telling moment came at the end of the arguments, when Chief Justice Roberts asked Trump’s attorney, Sauer, if he wanted time for a final rebuttal. [read post]
25 Apr 2024, 3:45 pm
Justice Jackson suggests that the current President will inherently tend to protect the interests of the ex-President, whom she refers to as "the former guy" — which is Biden's epithet for Trump. [read post]
25 Apr 2024, 3:16 pm by Mark Walsh
Doug Jones of Alabama, who was Justice Ketanji Brown Jacksons “sherpa” during her confirmation, is seated in the back of the public gallery. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Justice Ketanji Brown Jackson described what she saw as a direct conflict between EMTALA and Idaho’s abortion bam. [read post]