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21 Nov 2022, 4:44 pm by Adam White
When the Ford Administration ended in 1977, Silberman took up residence at AEI with a few of his fellow public servants: Antonin Scalia and Robert Bork. [read post]
20 Nov 2022, 9:01 pm by Michael C. Dorf
Indeed, for that reason, the Justices in the Dobbs majority who were on the Court in 2015—Roberts, Thomas, and Alito—all dissented in Obergefell. [read post]
17 Nov 2022, 6:30 am by Guest Blogger
(Here I distinguish the preservative conservativism of Justices Harlan, the early Blackmun, Powell, O’Connor, Kennedy, and Souter from the counter-revolutionary or movement conservatism of Justices Scalia, Thomas, and Alito.) [read post]
13 Nov 2022, 9:01 pm by Laurence H. Tribe
In the words of the late conservative Justice Antonin Scalia writing for the Court in a 1990 case, “much more than legal niceties are at stake” with these limits on federal court jurisdiction: they are an “essential ingredient of [the] separation and equilibration of powers. [read post]
8 Nov 2022, 11:43 am by Brian Turetsky
At oral argument, questions from several of the justices, including Chief Justice John Roberts, Justice Neil Gorsuch, and Justice Samuel Alito, challenged the FTC’s position, with Justice Alito asking, “What sense does it make for a claim that goes to the very structure of the agency having to go through the administrative process? [read post]
31 Oct 2022, 5:51 am by David Bernstein
Bernstein, a University Professor at George Mason University's Antonin Scalia Law School also supports SFFA. [read post]
26 Oct 2022, 6:58 am by INFORRM
Gorsuch J also dissented for the same reasons in Berisha (ibid); Kagan J called Sullivan into question before she went on the bench (whilst the late Scalia J was no fan of it either). [read post]
26 Oct 2022, 6:30 am by Guest Blogger
As those in the originalist camps might rely on Justice Scalia’s A Matter of Interpretation, pluralists can reference Constructing Basic Liberties as a careful and vigorous defense of Substantive Due Process against many of the basic objections.At the same time, perhaps it speaks too much to constitutional pluralists like me. [read post]
25 Oct 2022, 9:01 pm by Michael C. Dorf
” Likewise, Justice Thomas filed an originalist dissent from Justice Scalia’s majority opinion invalidating a state law requiring parental consent for minors to purchase violent video games in Brown v. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
24 Oct 2022, 10:37 am by William Appleton
Survey results will be presented by Robert P. [read post]
24 Oct 2022, 6:30 am by Guest Blogger
  It is on this basis that he vigorously argues against Chief Justice Roberts&rs [read post]
7 Oct 2022, 5:01 am by Peter Margulies
Analyzing the program, which currently has approximately 600,000 recipients, Roberts described it as two-pronged, providing both a reprieve from removal—which Roberts referred to as “forbearance”—and the opportunity to seek a work permit, which he referred to as an immigration “benefit. [read post]
6 Oct 2022, 6:43 am by Thomas B. Griffith
When he was appointed Chief Justice, John Roberts, who had served on the D. [read post]
4 Oct 2022, 3:02 pm by Jonathan H. Adler
Chief Justice Roberts, in particular, seems surprised that the petitioners would advance a test that would effectively eliminate federal regulatory authority over wetlands with seasonal hydrological connections to navigable waters. [read post]
2 Oct 2022, 1:11 pm by Will Baude
The first episode, Maoist Takeover, was recorded at William & Mary Law School as part of their Scalia-Ginsburg Collegiality Speaker Series, and focuses on how to engage with people across profound disagreement, as well as on the Supreme Court's shadow-docket decisions in Yeshiva University v YU Pride Alliance. [read post]