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2 Jul 2021, 2:49 pm
I always viewed this resolution as a punt. [read post]
2 Jul 2021, 8:19 am
What the views of Professor Kagan in 1993 tell us about the views of Justice Kagan in 2021 is hard to tell; and of course Justice Kagan hasn't joined Justice Thomas's and Gorsuch's suggestions that Sullivan should be reconsidered. [read post]
2 Jul 2021, 7:58 am
Lawson, Justice Thomas repeated his past criticisms of New York Times v. [read post]
1 Jul 2021, 4:46 pm
Justice Thomas’ opinion goes to great lengths to praise Congress’ ability to create causes of actions and forms of liability by statute, grounded in international law. [read post]
1 Jul 2021, 1:18 pm
Justice Sotomayor observes: That disclosure requirements directly burden associational rights has been the view of JUSTICE THOMAS, (dissenting opinion), but it has never been the view of this Court. [read post]
1 Jul 2021, 10:40 am
Two justices (Thomas and the Chief, the two senior-most justices) had seven majorities. [read post]
1 Jul 2021, 9:43 am
The majority (Chief Justice Roberts, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett) reasoned: [1.] [read post]
30 Jun 2021, 3:19 pm
Roberts generally holds a dim view of legal scholars. [read post]
30 Jun 2021, 11:25 am
They largely view the law in a utilitarian fashion to achieve certain outcomes. [read post]
30 Jun 2021, 11:05 am
From the new piece: Consider, too, what it would mean to take seriously the idea that no assigned texts may "espouse" racist views. [read post]
30 Jun 2021, 8:38 am
Arnold then engaged in an extended diatribe, which we must assume was aimed at Oliver and motivated by his hostility toward her refusal to transcribe the Pledge, in which he lamented what he viewed as the decline of American values and decried a variety of people whose attitudes he deemed to be un-American, including communists, supporters of Sharia law, foreigners who refuse to assimilate into American culture, and sex offenders and those that argue for their rehabilitation…. [read post]
29 Jun 2021, 4:46 pm
Justices Thomas, Alito, Gorsuch, and Barrett would have granted the application. [read post]
29 Jun 2021, 4:26 pm
But it's notable that four conservative justices (Thomas, Alito, Gorsuch, and Barrett) indicated they wanted to grant the application to vacate the stay. [read post]
29 Jun 2021, 4:02 pm
Only four justices voted to grant the application to lift the stay: Justices Thomas, Alito, Gorsuch and Barrett would have lifted the stay. [read post]
29 Jun 2021, 2:25 pm
Justice Barrett wrote the principal dissent, which was joined by Justices Thomas and Gorsuch. [read post]
29 Jun 2021, 1:20 pm
This broad view of sovereign immunity is, as Justice Barrett notes, consistent with Supreme Court precedent. [read post]
29 Jun 2021, 10:29 am
” In the Court’s view, “the plaintiffs’ harm is roughly the same, legally speaking, as if someone wrote a defamatory letter and then stored it in her desk drawer. [read post]
28 Jun 2021, 11:52 am
Justice Thomas and Justice Alito would grant the motions. [read post]
28 Jun 2021, 11:50 am
” Alito dissented, in an opinion that was joined by Thomas and Justice Neil Gorsuch. [read post]
28 Jun 2021, 10:41 am
Justice Thomas wrote the principal dissent, joined by Justices Breyer, Sotomayor, and Kagan. [read post]
