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9 Sep 2016, 7:20 am by Rory Little
A binary “liberal-conservative” dichotomy simply does not fit when the criminal law jurisprudence of the late Justice Antonin Scalia is examined. [read post]
8 Sep 2016, 7:57 am by Jan Baran
One cannot know whether the case was denied because, after the death of Justice Antonin Scalia, there was reluctance to take on this particular case (Justices Samuel Alito and Clarence Thomas stated they would have granted certiorari) or because the overwhelming eight-one majority in Citizens United (Justice Scalia was one of the eight) made plenary review futile. [read post]
7 Sep 2016, 11:06 am by Allyson Ho and Scott Schutte
A “conservative” replacement of Justice Antonin Scalia would almost certainly preserve that majority. [read post]
7 Sep 2016, 7:52 am by Scott Michelman
As one example, Justice Antonin Scalia’s majority opinion included dicta condemning class proceedings that amounted to “trial by formula” — an ambiguous phrase that had the potential to scuttle many types of class actions if “formula” were read expansively. [read post]
6 Sep 2016, 5:22 pm by David Markus
  From the AP:Supreme Court Justice Antonin Scalia's funeral was attended by thousands and carried on live television, but when the hearse pulled away from the church and headed to his burial site, his family asked for privacy and Supreme Court officials declined to say where Scalia was being laid to rest.But few things stay private in the internet age, and Scalia's grave has become public with the help of a website.Within months of his death… [read post]
6 Sep 2016, 11:56 am by Adam Winkler
It was also one of the late Justice Antonin Scalia’s signature opinions, reflecting the jurist’s commitment to originalist arguments grounded in history. [read post]
6 Sep 2016, 9:50 am by Alan Gura
Well before Justice Antonin Scalia’s passing, judges figured out that District of Columbia v. [read post]
6 Sep 2016, 9:26 am by Edith Roberts
” The Heritage Foundation has published a special report on the lasting influence of Justice Antonin Scalia’s jurisprudence, particularly on criminal law, separation of powers, and religion. [read post]
6 Sep 2016, 5:55 am by Associated Press
— Supreme Court Justice Antonin Scalia’s funeral was attended by thousands and carried on live television, but when the hearse pulled away from the church and headed to his burial site, his family asked for privacy and Supreme Court officials declined to say where Scalia was being laid to rest. [read post]
5 Sep 2016, 9:43 am by Gritsforbreakfast
Here's a page describing it with a link to related resources and video from a number of prominent Houston pols.Koch Institute on KaepernickThe Charles Koch Institute published a column defending San Francisco 49ers QB Colin Kaepernick's decision not to stand for the national anthem because of racial injustice and police brutality issues, comparing Kaepernick's position to Frederick Douglass and citing Antonin Scalia in support of his free speech rights. [read post]
4 Sep 2016, 6:26 pm
"The empty seat": On Thursday, The Baltimore Sun posted online an editorial that begins, "Wednesday marked the 200th day since the death of Supreme Court Justice Antonin Scalia. [read post]
2 Sep 2016, 11:14 am by Zachary Price
One of Justice Antonin Scalia’s many contributions to Supreme Court jurisprudence was to revitalize the rule of lenity – the ancient maxim that ambiguous penal statutes should be construed narrowly in the defendant’s favor. [read post]
2 Sep 2016, 7:30 am by Andrew Hamm
’” At Empirical SCOTUS, Adam Feldman examines how the death of Justice Antonin Scalia has influenced this and other recent stay decisions. [read post]
1 Sep 2016, 3:22 pm by Amy Howe
 (A third case granted in January before Scalia’s death, Microsoft Corp. v. [read post]
1 Sep 2016, 11:11 am by Stephen McAllister
If a conservative Justice ultimately replaces Justice Antonin Scalia, it seems unlikely that much, if anything, will change with respect to the Court’s largely established death penalty jurisprudence. [read post]
1 Sep 2016, 8:00 am
And Elizabeth S Eaton of The Arizona Republic has an article headlined "Justice Elena Kagan talks about her warm relationship with her late colleague Antonin Scalia; Kagan: 'The loss of his voice means the institution operates differently.'" [read post]
1 Sep 2016, 7:47 am by Sarah Turberville
Despite the country’s inexorable move away from the death penalty, as well as Justice Antonin Scalia’s public musings that he would not be surprised if the Court were to rule the death penalty unconstitutional, the Court has recently declined certiorari on two cases raising this exact issue – an indication that there are not yet five votes. [read post]
31 Aug 2016, 1:44 pm by Amy Howe
The state needed five of the eight Justices to agree to halt a lower court’s ruling that blocked the law, but it came up one short – illustrating the impact of the death of Justice Antonin Scalia, who likely would have joined the Court’s other conservative Justices in voting for the state. [read post]
31 Aug 2016, 11:07 am by Sherrilyn Ifill
Second, the absence of Justice Antonin Scalia’s strident and unrelenting rhetoric (including at oral argument) on affirmative action leaves space for a more nuanced discourse about what precisely universities are attempting to accomplish in building diverse classes of students in furtherance of an educational mission. [read post]
31 Aug 2016, 7:53 am by Roger Clegg
“affirmative action” – if Justice Antonin Scalia’s successor is a conservative. [read post]