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11 Jun 2014, 12:51 pm by Federalist Society
Justice Scalia filed an opinion concurring in the judgment which Justice Thomas joined and Justice Alito joined as to part I. [read post]
10 Jun 2014, 12:50 pm by The Federalist Society
Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan joined Justice Alito's opinion. [read post]
10 Jun 2014, 12:50 pm by The Federalist Society
Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan joined Justice Alito's opinion. [read post]
9 Jun 2014, 4:24 pm
 With a lineup of Justices Kagan, Kennedy, Ginsburg, Roberts and Scalia on the "immigrant loses" side, with Justices Alito, Sotomayor, Breyer and Thomas concluding that the immigrant wins.Even crystal balls aren't that crystal. [read post]
9 Jun 2014, 12:26 pm by Kevin Johnson
Justice Sotomayor also filed a dissenting opinion, in which Justices Breyer and Thomas (except as to a footnote) joined. [read post]
9 Jun 2014, 10:23 am by Amy Howe
  Justice Alito dissented separately, while Justice Sotomayor wrote a dissenting opinion that was joined by Justice Breyer and (for the most part) Justice Thomas. [read post]
9 Jun 2014, 8:40 am by Amy Howe
Four Justices – Justices Scalia, Thomas, and Alito and Chief Justice John Roberts – joined all of Justice Kennedy’s opinion with the exception of Part II-D, a brief section which indicated that the Court’s holding was also consistent with the “presumption against preemption” – the principle that courts should construe express preemption statutes narrowly. [read post]
9 Jun 2014, 7:45 am
Justice Kagan announced the judgment of the Court, but her opinion was only joined by Justices Kennedy and Ginsburg. [read post]
8 Jun 2014, 9:01 pm by Ronald D. Rotunda
Thomas Paine would be flabbergasted. [read post]
6 Jun 2014, 6:44 am
 Justice Stephen Breyer wrote an opinion upholding the law, but Justices Anthony Kennedy and Samuel Alito (concurring) and Antonin Scalia and Clarence Thomas (dissenting) called for greater scrutiny of Congress’s claims that laws are “necessary” and “proper” to carry into effect its other powers. [read post]
5 Jun 2014, 9:14 am
In these cases, Thomas spends little time talking about his usual focus, original public meaning. [read post]
4 Jun 2014, 8:17 am
In AID, Justices Antonin Scalia and Clarence Thomas took the view that only coercion counts as a constitutional violation. [read post]
4 Jun 2014, 7:42 am by Amy Howe
  And like others at the hearing (on both sides of the aisle), Schumer summoned the spirit of Thomas Jefferson, pronouncing that, “if [he] were looking down,” he would agree with the proposed amendment. [read post]
3 Jun 2014, 9:01 pm by Michael C. Dorf
Justices Scalia, Thomas, and Alito all thought that the Implementation Act was clear that it covered Bond’s conduct. [read post]
3 Jun 2014, 5:46 am
Today, as part of my stint guest-blogging about Uncertain Justice: The Roberts Court and the Constitution, I’m going to talk about free speech. [read post]
2 Jun 2014, 1:45 pm by Amy Howe
Chief Justice John Roberts wrote for the Court, in an opinion that was joined by Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan. [read post]