Search for: "Robert A. Scalia"
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28 Apr 2023, 9:30 pm
Pritchard and Robert Thompson discuss their new book A History of Securities Law in the Supreme Court over at the Harvard Law School Forum on Corporate Governance. [read post]
28 Apr 2023, 2:24 pm
" Justice Antonin Scalia said something similar in his dissent in Casey: "The notion that we would decide a case differently from the way we otherwise would have in order to show that we can stand firm against public disapproval is frightening. [read post]
26 Apr 2023, 2:39 pm
I wrote about this episode in my 2017 article, SCOTUS After Scalia (starting at p. 135): In a scene too remarkable to imagine, President Washington "started up in a violet fret. [read post]
26 Apr 2023, 8:01 am
Durbin had asked Roberts to testify about Supreme Court ethics rules and potential reform. [read post]
23 Apr 2023, 6:36 pm
Biskupic also includes a fun anecdote about Maureen Scalia: I learned from a source close to Maureen Scalia that Trump asked her if it was true that she had one of his signs in her yard. [read post]
16 Apr 2023, 9:01 pm
As an initial matter, courts might endorse the most obvious objection to the gambit, an objection rooted in the statute’s purpose—not as derived from the sort of tendentious legislative history that textualist jurists eschew but from the background context, which even the late Justice Scalia endorsed as consistent with textualism. [read post]
16 Apr 2023, 7:41 am
The Chief Justice John Roberts-led U.S. [read post]
14 Apr 2023, 1:58 pm
See, for example, these descriptions of Justices Gorsuch, Kagan, Alito, Kavanaugh Roberts, Thomas, Sotomayor, Coney-Barrett, Brown Jackson, Scalia all use the same word: “affable. [read post]
11 Apr 2023, 5:55 am
Israel is going through a constitutional crisis. [read post]
9 Apr 2023, 3:00 pm
(Well, everyone but Chief Justice Roberts, at least.) [read post]
5 Apr 2023, 11:17 am
Chief Justice Roberts wrote the principal dissent, which was joined by Justices Scalia, Thomas and Alito. [read post]
27 Mar 2023, 10:41 pm
(Scalia, J., concurring in judgment).The Second Circuit acknowledged, too, that Young stands in considerable "tension" with this Court's subsequent separation-of-powers decisions. [read post]
27 Mar 2023, 10:41 am
Robert P. [read post]
27 Mar 2023, 5:30 am
She said the Roberts Court. [read post]
21 Mar 2023, 7:01 am
Gerhardt, The Power of Precedent (Oxford 2008) Robert Bennett & Lawrence Solum, Constitutional Originalism (Cornell 2011) Gary L McDowell, The Language of Law & the Foundations of American Constitutionalism (Cambridge 2010) Eric Segall, Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges (Praeger 2012) Michael Greve, The Upside-Down Constitution (Harvard 2012) Alexander Tsesis, The Thirteenth Amendment and American Freedom (NYU 2004) 2011: H. [read post]
13 Mar 2023, 4:00 am
My main concern is the implication for the 2024 Presidential election and other future Presidential elections.ISL made its first appearance at SCOTUS in the concurrence of Chief Justice Rehnquist, joined by Justices Scalia and Thomas, in Bush v. [read post]
3 Mar 2023, 6:55 pm
Pix Credit here At the invitation of my publisher I have been working on the production of a comprehensive commentary of the United Nations Guiding Principles for Business and Human Rights. [read post]
3 Mar 2023, 11:05 am
[3] Interestingly, though perhaps not surprisingly for an opinion supported by Chief Justice Roberts and Justices Gorsuch, Alito, and Kavanaugh, the Court referenced an article by former Justice Scalia to support the use of a purpose clause as an indicator of meaning [read post]
28 Feb 2023, 9:05 pm
In a 2009 dissenting opinion joined by Chief Justice John Roberts and Justice Antonin Scalia, Justice Samuel Alito noted that “where FDA determines, in accordance with its statutory mandate, that a drug is on balance ‘safe,’ our conflict preemption cases prohibit any state from countermanding that determination. [read post]
24 Feb 2023, 4:30 am
Robert Leider (George Mason University - Antonin Scalia Law School, Faculty) has posted The Modern Militia on SSRN. [read post]