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4 Jul 2023, 9:01 pm by Michael C. Dorf
Accordingly, I am dubious about the reality of Smith’s entire web design business.Meanwhile, even if Smith will be able to generate interest for her wedding website design services from real customers, it’s hardly clear that any of them would be same-sex couples. [read post]
3 Jul 2023, 6:30 am by Sandy Levinson
  I am a fan of New Zealand and Nebraska, both of which operate with only a unicameral legislature; I am unconvinced, though, that my home state of Texas, with 28 million people instead of New Zealand’s and Nebraska’s considerably smaller populace, should be under the political thumb of a single house. [read post]
1 Jul 2023, 3:42 pm by Mark Walsh
“I am authorized to announce that the court has acted upon all cases submitted to the court for decision this term,” he says. [read post]
1 Jul 2023, 2:31 pm by Jonathan H. Adler
Interestingly, the Justice least likely to be in the majority was another conservative: Justice Thomas. [read post]
1 Jul 2023, 12:48 am by Joseph Fishkin
At oral argument, Justice Thomas picked up the baton (see oral argument transcript, 37–42). [read post]
30 Jun 2023, 3:42 am
July 13, 2023 - 11 AM: In re Molina Healthcare, Inc., Serial Nos. 90887104 and 90887134 [Refusals to register MY HEALTH PERKS and MOLINA MY HEALTH PERKS for "Providing information in the fields of health and wellness," absent a disclaimer of "HEALTH PERKS. [read post]
28 Jun 2023, 11:00 am by Guest Blogger
  In practice, such a result would align with Justice Thomas’s argument that tribal sovereignty no longer exists, a conclusion with which Updike Toler would disagree (slip opinion at 32). [read post]
27 Jun 2023, 10:04 pm by Josh Blackman
I am disappointed that Justice Barrett joined this analysis. [read post]
27 Jun 2023, 7:45 am
S. ___, ___ (2019) (THOMAS, J., concurring in denial of certiorari) (slip op., at 2). [read post]
26 Jun 2023, 4:30 am by Michael C. Dorf
Justice Gorsuch wrote a concurrence in the judgment for himself and Justices Thomas and Barrett. [read post]
23 Jun 2023, 9:32 pm by Josh Blackman
I am generally of the mind that any Brennan decision that overruled precedent without regard to stare decisis, should itself be overruled without stare decisis. [read post]
23 Jun 2023, 9:30 pm by Karen Tani
Ass’n Am., Ltd., No. 22-448 (U.S. [read post]
22 Jun 2023, 10:24 pm by Josh Blackman
I am always skeptical when a majority opinion deals with an important case in a footnote. [read post]
22 Jun 2023, 1:19 pm by Ilya Somin
In this case, Justice Thomas doesn't even try to address the point. [read post]