Search for: "In Re Opinion of the Justices"
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21 Feb 2024, 7:46 am
From today's Fourth Circuit opinion in Doe v. [read post]
21 Feb 2024, 6:30 am
Robert LaFollette, denouncing the Court’s child labor rulings as “judicial oligarchy,” proposed a constitutional amendment granting states the right to nullify opinions of the Court.[14] An Arizona congressman introduced a constitutional amendment requiring a seven-justice majority for any law to be declared unconstitutional (a proposal Kelley supported).[15] Idaho Senator William Borah proposed legislation to that end. [read post]
20 Feb 2024, 6:30 am
And so, I find myself thinking about Post’s Chief Justice Taft in the labor arena. [read post]
19 Feb 2024, 8:14 am
[Justice Kavanaugh was right. [read post]
19 Feb 2024, 5:01 am
Coleman, decided Friday by the Texas Supreme Court, in an opinion by Justice Jimmy Blacklock: In June 2020, a small newspaper in Polk County ran a story criticizing a local assistant district attorney named Tommy Coleman. [read post]
19 Feb 2024, 4:34 am
Judges will likely take months to issue an opinion. [read post]
SCOTUS Repeated Relisting of a Case on the Meaning of Race Neutrality--and a Plug for my new Article
19 Feb 2024, 4:00 am
Last year, in the course of severely curtailing race-based affirmative action in higher education (and likely in other contexts too), the majority opinion of Chief Justice Roberts in Students for Fair Admissions (SFFA) v. [read post]
17 Feb 2024, 8:42 am
By Andy DelaneyI know what you're thinking.Didn't he say he was going to keep up with posts this year? [read post]
16 Feb 2024, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. [read post]
16 Feb 2024, 12:13 pm
Indeed, Justice Sotomayor’s concurrence in Abitron for three Justices suggests that the Court is thinking about source confusion, trademark use, and harm as linked concepts; as she points out, along with use in commerce, “Plaintiffs must also generally show, for example, that their “injuries are proximately caused by violations of the statute. [read post]
16 Feb 2024, 6:30 am
Somehow, Van Devanter, without writing a single enduring majority opinion, was primus inter pares. [read post]
16 Feb 2024, 3:00 am
He had previously cooperated with a Justice Department investigation into whether Gaetz had engaged in sex trafficking of a minor. [read post]
15 Feb 2024, 3:33 pm
, this recent OLC opinion, discussing whether state abortion restrictions can bind statutorily authorized actions of federal agencies.) [read post]
14 Feb 2024, 3:05 pm
Not surprisingly, then, the Justices didn’t ask any questions about the argument until well into Mitchell’s argument. [read post]
14 Feb 2024, 1:12 pm
Here's how Justice Moor ultimately comes out -- a fair piece different than my hypothetical opinion a decade ago:Considering the totality of the circumstances, we conclude that the initial encounter with the officers was an unlawful detention and that the trial court’s order must be reversed. [read post]
14 Feb 2024, 9:04 am
Be on the lookout for a follow-up blog post after the potential game-changing opinion from the justices in Jeff City. [read post]
14 Feb 2024, 6:30 am
The justices now more frequently changed their votes between the time they gathered in conference and when they handed down opinions so they could right on projecting the illusion of unanimity. [read post]
13 Feb 2024, 1:31 pm
We're sticking with what we said. [read post]
13 Feb 2024, 4:30 am
Here is the abstract: In a string of recent opinions, Justice Gorsuch and Justice Thomas have posited that post-conviction relief upon a writ of habeas corpus was historically unavailable except where the judgment of conviction was issued by a court lacking jurisdiction. [read post]
12 Feb 2024, 9:00 pm
For starters, precluding a party from re-litigating an issue may be justified only if that party had adequate incentive and opportunity to fully contest the issue in the original litigation. [read post]
