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13 Dec 2018, 9:30 pm by Kate Mancuso
Robbins and Bowles v. [read post]
11 Dec 2018, 9:01 pm by Michael C. Dorf
As the Supreme Court explained in the 1852 case of Moore v. [read post]
5 Dec 2018, 8:54 am by John Elwood
Next up is Thomas v. [read post]
5 Dec 2018, 3:30 am by Suzette M. Malveaux
  Just recently, former Attorney General Jeff Sessions expressed skepticism over the legitimacy of national injunctions, joining Justice Clarence Thomas’s assessment of them, in Trump v. [read post]
4 Dec 2018, 12:54 pm by Adam Feldman
Justice Neil Gorsuch authored the court’s majority opinion and was joined by Roberts and Justices Samuel Alito, Clarence Thomas and Anthony Kennedy, all Republican appointees. [read post]
To drive home this point, the plaintiffs cite Justice Clarence Thomas’s concurring opinion in National Labor Relations Board v. [read post]
18 Nov 2018, 7:12 pm by Eugene Volokh
Becerra[7] and was relied on by Justice Thomas in his concurrence (joined by Justice Gorsuch) in Masterpiece Cakeshop, Ltd. v. [read post]
18 Nov 2018, 7:12 pm by Eugene Volokh
Becerra[7] and was relied on by Justice Thomas in his concurrence (joined by Justice Gorsuch) in Masterpiece Cakeshop, Ltd. v. [read post]
15 Nov 2018, 8:05 am by David Post
Originalism, of course, is such a theory - one which adds temporal dislocation to the already-impossible task of trying to determine what is inside the heads of the People of New Hampshire; as if determining how the People of New Hampshire in 2018 would actually apply this abstract principle to events in the world of 2018 were not difficult enough, the notion of trying to determine how the People of New Hampshire in 2018 would apply this abstract principle to some set of… [read post]