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22 Oct 2023, 9:05 pm by Peter Grossi
” Nor did the Fifth Circuit judges respond to the earlier opinions of Justices Samuel Alito, Brett Kavanaugh and John Roberts in Mutual Pharmaceutical v. [read post]
16 Oct 2023, 3:00 pm by Amy Howe
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh indicated that they would have allowed the ban on enforcement of the rule to continue. [read post]
11 Oct 2023, 2:03 pm by Amy Howe
” Justice Brett Kavanaugh also appeared to give some weight to the state’s argument that it had relied on data from the 2020 presidential election, despite the challengers’ argument that such evidence was unreliable. [read post]
10 Oct 2023, 4:30 pm by Ronald Mann
The position of the owner (presented by Howard Bashman) is that those cases are irrelevant because they don’t involve insurance contracts, but Justices Brett Kavanaugh and Neil Gorsuch were openly skeptical about that distinction. [read post]
10 Oct 2023, 1:10 pm by Unknown
CII also cited the Slack oral argument in which Justice Brett Kavanaugh noted the company’s view that “we should leave it to the SEC and/or Congress, rather than ourselves, kind of departing from that longstanding body of law. [read post]
4 Oct 2023, 1:35 pm by Amy Howe
But Justice Brett Kavanaugh seemed to propose an alternative that might satisfy some of his colleagues. [read post]
3 Oct 2023, 2:33 pm by Amy Howe
With the court divided, Kavanaugh may hold the key vote. [read post]
2 Oct 2023, 5:55 am by Colby Galliher
Justices Brett Kavanaugh, Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan concurred with the majority as concerned the Sacketts’ property but, pertaining to the question of the CWA’s scope, wrote in favor of Kennedy’s approach in the Rapanos case. [read post]
27 Sep 2023, 10:05 am by Guest Author
There Chief Justice John Roberts cited then-Judge Brett Kavanaugh’s dissent from denial of rehearing en banc in United States Telecom Assn. v. [read post]
26 Sep 2023, 8:55 am by Amy Howe
In a concurring opinion, Justice Brett Kavanaugh acknowledged an argument made by Justice Clarence Thomas in his dissent: the idea that “even if Congress in 1982 could constitutionally authorize race-based redistricting under §2 for some period of time,” it cannot do so indefinitely. [read post]
20 Sep 2023, 9:54 am by Howard Bashman
The post “Brett Kavanaugh’s Whoopsie Forces Groundhog Day at the Supreme Court” appeared first on How Appealing. [read post]
18 Sep 2023, 9:01 pm by Rodger Citron and Laura Dooley
 During a term in which close cases were decided by how Chief Justice John Roberts and Justice Brett Kavanaugh would vote (compare the voting rights case with the affirmative action case), two of Court’s most conservative justices, Neil Gorsuch and Clarence Thomas, joined its two most liberal justices, Sonia Sotomayor and Ketanji Brown Jackson, in upholding the Pennsylvania law against the claim that it violated the defendant corporation’s due process rights. [read post]
15 Sep 2023, 1:29 pm by Ilya Somin
In a concurring opinion in Dobbs, Justice Brett Kavanaugh – a key member of the conservative majority on the Supreme Court—said such bans are unconstitutional. [read post]
12 Sep 2023, 12:39 pm by Geoff Schweller
” Justice Brett Kavanaugh, in a concurrence joined by Justice Amy Coney Barrett, agreed with Thomas, writing that “[t]he court should consider the competing arguments on the Article II issue in an appropriate case. [read post]
11 Sep 2023, 7:48 pm by Amy Howe
Justice Brett Kavanaugh, who had voted to put the lower court’s order on hold in February, provided the fifth vote to give Roberts and the court’s liberal bloc a majority. [read post]
8 Sep 2023, 6:48 am by Associated Press
Supreme Court Justice Brett Kavanaugh told a judicial conference he hopes there will be “concrete steps soon” to address recent ethics concerns. [read post]
8 Sep 2023, 6:18 am by Above the Law
* Alabama's open defiance of the Supreme Court's election law ruling sets up a potential return trip to DC, with Republicans hoping they can flip Brett Kavanaugh this time. [read post]
29 Aug 2023, 9:01 pm by Michael C. Dorf
Such repudiation is, however, pretty evidently implicit.The SFFA majority opinion and a concurrence by Justice Brett Kavanaugh emphasize that race-based affirmative action must be time-limited but complain that the diversity rationale for a race-based admissions boost offered by Harvard and by the University of North Carolina in a companion case is open-ended. [read post]