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21 Jun 2019, 10:07 am
Justice Brett Kavanaugh is of the view that that “the Lemon test is not good law” and that the “Court no longer applies the old test articulated in Lemon. [read post]
21 Jun 2019, 8:27 am
But upholding the Bladensburg Cross under these criteria was easy. [read post]
21 Jun 2019, 5:59 am
Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan and Brett Kavanaugh joined the parts of that opinion that focused on the facts and circumstances surrounding the Bladensburg Cross. [read post]
20 Jun 2019, 9:05 pm
Peace Cross (American Legion et al. v. [read post]
20 Jun 2019, 3:06 pm
In Justice Brett Kavanaugh’s concluding paragraph in his concurring opinion, he suggests that there are other recourses. [read post]
20 Jun 2019, 2:54 pm
But she does not mention from the bench that Justice Brett Kavanaugh, who had not yet been confirmed when the court heard arguments, took no part in the consideration or decision of the case. [read post]
20 Jun 2019, 10:28 am
Gorsuch, Brett M. [read post]
20 Jun 2019, 9:05 am
” Justice Brett Kavanaugh also joined all of Alito’s opinion but had a separate concurring opinion. [read post]
20 Jun 2019, 2:00 am
Justice Samuel Alito wrote on behalf of the Court in a plurality opinion joined by Chief Justice John Roberts, Justice Stephen Breyer, and Justice Brett Kavanaugh. [read post]
17 Jun 2019, 12:45 pm
The chief justice announces that Justice Brett Kavanaugh has the opinion in Manhattan Community Access Corp. v. [read post]
17 Jun 2019, 3:35 am
At SCOTUS OA, law student Sydney Black maintains that “[a] quantitative analysis of [Justice Brett] Kavanaugh’s voting patterns, cross-referencing behavior, and oral argument questioning suggests that Kavanaugh’s claim to be an originalist is quite dubious. [read post]
4 Jun 2019, 7:54 am
” Moreover, whereas Congress has expressly cross-referenced or copied portions of the APA’s two exemptions from notice and comment in other statutes, in Medicare Congress expressly borrowed (through cross-reference) only one of those exemptions — the “good cause” exemption — and not also the exemption for interpretive rules. [read post]
20 May 2019, 2:59 am
Cleanup in the Lemon aisle: Michael McConnell on Maryland Peace Cross case [Volokh Conspiracy] New resource: database of all Supreme Court nomination hearing transcripts that are yet available (with Kavanaugh’s still to come) [Shoshana Weissmann and Anthony Marcum, R Street] Tags: Brett Kavanaugh, judges, judicial nominations, Neil Gorsuch, religious liberty, Supreme Court [read post]
24 Apr 2019, 7:28 am
The Appeal The Claimants appealed their award of damages while the Defendant cross-appealed the finding of liability. [read post]
23 Apr 2019, 5:09 am
In the United States and elsewhere, individual judges have Twitter accounts (Justice Brett Kavanagh, for example, appears to favour retweets, often positive comments about himelf or videos of him with President Trump at the State of the Union). [read post]
10 Apr 2019, 4:52 pm
The latter is particularly true in the online world, where large swathes of the population plug themselves into Twitter, Facebook etc shortly after they rise, erect their virtual soapboxes and tweet, post, share etc their thoughts on Brexit, Jeremy Corbyn, football, their neighbours, former spouses and anything else that crosses their minds. [read post]
4 Apr 2019, 10:05 pm
" And Jason Cross of Macworld calls it The Sweet Spot. [read post]
26 Mar 2019, 12:45 pm
Justice Brett Kavanaugh echoed this concern. [read post]
6 Mar 2019, 4:04 am
American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property. [read post]
4 Mar 2019, 12:30 pm
The Supreme Court denied certiorari with Justice Brett Kavanaugh filing a statement respecting the denial. [read post]
