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7 Jun 2024, 3:21 pm
There are many headlines about Justice Thomas receiving valuable gifts. [read post]
7 Jun 2024, 1:06 pm
Barrett received just under $15,000 from the law school, while Kavanaugh netted $25,000. [read post]
6 Jun 2024, 1:19 pm
” Justice Brett Kavanaugh, who wrote a dissenting opinion that was joined by Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett, complained that the court’s decision “could cost between $800 million and $2 billion. [read post]
6 Jun 2024, 7:03 am
Kavanaugh issued a dissenting opinion, in which Justices Thomas, Alito, and Amy Coney Barrett joined. [read post]
4 Jun 2024, 9:32 am
But what I want to note about the Court’s action is that five, perhaps even six, Justices could have voted for an opinion taking account of subsequent history—a “living Constitution” approach—that would have displaced Thomas’s opinion as the Court’s opinion, including two Justices (Kavanaugh and Barrett) commonly associated with the Court’s conservatives. [read post]
3 Jun 2024, 4:00 am
Alito wants to play doubles pickleball with Ginni Thomas, Jesse Barrett, and Patrick Jackson on that same spot. [read post]
30 May 2024, 11:46 am
Sotomayor: 6 Kagan: 4 Alito: 3 Kavanaugh: 3 Barrett: 3 Jackson: 3 Thomas: 2 Gorsuch: 2 CJ Roberts: 1 There have also been two per curiam opinions, and some cases are likely to be merged into a single opinion (e.g. the two Chevron cases, Relentless and Loper-Bright will almost certainly be decided in a single opinion). [read post]
29 May 2024, 9:01 pm
Kagan was able to attract Sotomayor, Kavanaugh, and Barrett (who also joined the majority opinion) but the three in the majority who didn’t seem to want to be associated with Kagan’s content were Thomas, Roberts, and Jackson (an interesting trio). [read post]
28 May 2024, 1:25 pm
But after Justice Barrett's confirmation in October 2020, the strategy shifted. [read post]
27 May 2024, 9:12 pm
At least that is true, I believe, given how Thomas applied the test in Williams v. [read post]
24 May 2024, 6:51 pm
Justice Thomas emphasized this point only in rebuttal, and Justice Alito did not address it. [read post]
23 May 2024, 10:05 pm
Seth Barrett Tillman and I have written quite a bit about whether parties can seek affirmative relief under the Constitution in the absence of a federal cause of action. [read post]
23 May 2024, 6:03 pm
Justice Thomas joined the opinion in all, except Part III C. [read post]
23 May 2024, 7:52 am
Kavanaugh and Amy Coney Barrett. [read post]
22 May 2024, 5:30 am
Justice Barrett inquired about the expiration date of Grutter. [read post]
21 May 2024, 8:36 pm
Justices Thomas, Alito, and Gorsuch would have overruled Smith. [read post]
20 May 2024, 8:06 am
Justice Thomas emphasized this point only in rebuttal, and Justice Alito did not address it. [read post]
17 May 2024, 12:29 pm
Justices Kavanaugh and Barrett could have declined to join the Kagan opinion, given that the original meaning was (at least in Thomas's view) dispositive. [read post]
17 May 2024, 8:23 am
Justice Kagan filed a concurring opinion joined by Justices Sotomayor, Kavanaugh, and Barrett. [read post]
17 May 2024, 5:45 am
A second concurrence--by Justice Kagan joined by Justices Sotomayor, Kavanaugh, and Barrett--is a bit more puzzling. [read post]
