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22 May 2014, 8:35 am
Not Kennedy either. [read post]
22 May 2014, 7:44 am
We all know Justice Thomas’ answer – but he is an extremist on the issue. [read post]
20 May 2014, 11:47 am
I also like Justice Clarence Thomas best! [read post]
20 May 2014, 6:08 am
(For a recent reevaluation, see Thomas Colby's essay in Northwestern Law Review.)Taken in their own terms, the coercive Article Five exchange between Congress and the states does not establish the constitutional "quality" of the Fourteenth Amendment. [read post]
19 May 2014, 7:35 am
Justice Breyer dissented, joined by the Chief Justice and Justice Kennedy. [read post]
19 May 2014, 4:23 am
In 2006, for instance, Justice Anthony Kennedy stated as simple fact in eBay v. [read post]
16 May 2014, 1:30 pm
In 2008, Justice Anthony Kennedy made a high-profile correction to the Court’s decision in Kennedy v. [read post]
12 May 2014, 4:40 am
In an article for The Wall Street Journal, Jess Bravin observes that the “decision reflects an ongoing shift among all nine current justices that is lowering barriers between church and state,” while in a post at the Journal’s Law Blog Bravin focuses on Justice Clarence Thomas’s separate opinion in the case, and in particular on Thomas’s suggestion that the First Amendment’s Establishment Clause does not apply to the states. [read post]
10 May 2014, 1:41 pm
Of course, Roberts, Scalia, Thomas, and Alito aren’t exactly Vatican II Catholics; Kennedy can be a Pope Francis man on some days, but not in this case. [read post]
9 May 2014, 11:22 pm
On August 8, 2007, Calvin Neyland killed Douglas Smith and Thomas Lazar. [read post]
9 May 2014, 8:14 am
Chief Justice Roberts as well as Justices Kennedy, Breyer, and Alito joined the opinion of the Court. [read post]
9 May 2014, 8:14 am
Chief Justice Roberts as well as Justices Kennedy, Breyer, and Alito joined the opinion of the Court. [read post]
8 May 2014, 9:01 pm
How the Justices Dealt With Seattle In turning away this challenge, Justices Scalia and Thomas acknowledged that the Seattle case controlled, but concluded that it should be overruled. [read post]
8 May 2014, 10:05 am
Kennedy treats the case as the direct descendant of Marsh, a state legislative prayer case. [read post]
8 May 2014, 8:11 am
Justice Kennedy was joined by Chief Justice Roberts and Justice Alito in full; Justices Scalia and Thomas joined except for Part II-B; Justice Alito filed a concurring opinion joined by Justice Scalia. [read post]
8 May 2014, 8:11 am
Justice Kennedy was joined by Chief Justice Roberts and Justice Alito in full; Justices Scalia and Thomas joined except for Part II-B; Justice Alito filed a concurring opinion joined by Justice Scalia. [read post]
8 May 2014, 3:00 am
More: a different take on the issue from Christian syndicated columnist Cal Thomas. [read post]
7 May 2014, 8:36 pm
Kagan's dissent, which I find somewhat underdeveloped and unsatisfying on this point, might be fruitfully explored in this light. 5) More obviously, there is Justice Thomas's concurrence, which pushes again on the question of whether the Establishment Clause is or is capable of being incorporated against the states. [read post]
6 May 2014, 1:00 pm
There is every reason to believe that there are now five Justices who take this position, with Roberts and Alito joining Scalia, Kennedy, and Thomas. [read post]
6 May 2014, 7:55 am
Or as Justice Thomas puts it in his concurrence, the court can ask “what constituted an establishment”? [read post]
