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28 Jun 2021, 10:23 am by Wystan Ackerman
In brief, Justice Thomas’s view is that any violation of private, individual rights where Congress creates a private right and a cause of action is sufficient to confer standing. [read post]
28 Jun 2021, 7:07 am by Jonathan H. Adler
§§802(22), 812(c), 841(a), 844(a), the Government, post-Raich, has sent mixed signals on its views. [read post]
27 Jun 2021, 6:41 pm by Gregory Ablavsky
Justice Neil Gorsuch dissented, joined by Justices Clarence Thomas and Elena Kagan. [read post]
26 Jun 2021, 9:51 am by Richard Pierce
In this case, the majority consisted of five justices generally viewed as conservative (Gorsuch along with Chief Justice John Roberts, Clarence Thomas, Samuel Alito and Brett Kavanaugh) and one justice generally viewed as liberal (Justice Stephen Breyer). [read post]
26 Jun 2021, 5:16 am by David Bernstein
Goldwater, of course, came to these views while growing up in Arizona, where the black population was small, and whre his own family had a deserved reputation for racial tolerance. 193-97: Discussion of Angela Davis' arrest and acquittal for smuggling guns used in a kidnapping and murder. [read post]
26 Jun 2021, 12:05 am by Josh Blackman
Short of summoning ghosts and spirits, how are we to know what those in a past Congress might think about a question they never expressed any view on—and may have never foreseen? [read post]
25 Jun 2021, 10:58 am by Amy Howe
But in practice, she indicated, her view “should lead to the same result as Justice Thomas’s approach in all but highly unusual cases. [read post]
25 Jun 2021, 7:18 am by Marcia Coyle
” The lone dissenter, Justice Clarence Thomas said the court overlooked 150 years of history—and how ordinary citizens viewed the scope of free speech rights at the time of the 14th Amendment’s ratification – that supported the cheerleading coach’s authority to suspend B.L. [read post]
25 Jun 2021, 6:00 am by Terry Hart
This interpretation is, in my view, incorrect. [read post]
24 Jun 2021, 11:58 am by George Quillin and Jeanne Gills
In Thomasview, the director and secretary are also “functionally superior” because they supervise and direct the work APJs perform. [read post]
24 Jun 2021, 11:53 am by Eric Goldman
Florida filed its opposition brief to the NetChoice/CCIA request to preliminarily enjoin SB 7072, the Florida censorship law. [read post]
23 Jun 2021, 8:25 pm by Carla Laroche
The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea, than recklessness. [read post]
23 Jun 2021, 1:21 pm by Kevin
One of the five was Justice Thomas, who wrote separately to express his view that students have no free-speech rights, at all, because, “[d]uring the colonial era, … teachers managed classrooms with an iron hand. [read post]
23 Jun 2021, 9:13 am by Eugene Volokh
B.L. posted the images to her Snapchat "story," a feature of the application that allows any person in the user's "friend" group (B.L. had about 250 "friends") to view the images for a 24 hour period. [read post]