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27 Jun 2016, 2:56 am
” Robert Barnes does the same for The Washington Post, observing that today “will end a strange and ill-fated term, dominated by the February death of Justice Antonin Scalia. [read post]
24 Jun 2016, 11:10 am
Marimow of The Washington Post has an article that begins, "Hundreds if not thousands of federal prisoners are likely to have their sentences shortened -- and in some cases get immediate release -- due to one of the final opinions written by Justice Antonin Scalia. [read post]
24 Jun 2016, 10:12 am
With the passing of Justice Antonin Scalia on February 13, 2016, there was the chance of this decision being a 4-4 split. [read post]
24 Jun 2016, 6:47 am
Now-deceased Justice Antonin Scalia endorsed this essentially anti-civil rights interpretation of the Equal Protection Clause. [read post]
24 Jun 2016, 6:27 am
First, although today’s result certainly demonstrates the Court’s limited ability to resolve divisive disputes without a full complement of justices, the impact of Antonin Scalia’s absence is likely more complex. [read post]
24 Jun 2016, 4:41 am
The fact that the Court split four-four means, in all likelihood, the Obama administration would have lost the case had Justice Antonin Scalia not passed away earlier this year. [read post]
23 Jun 2016, 5:05 pm
However, that did not happen, possibly because of the unexpected death of Justice Antonin Scalia, who would almost certainly have voted to invalidate Texas’ program. [read post]
23 Jun 2016, 3:25 pm
Thus, any movement toward the seating of a replacement for Justice Antonin Scalia might warrant rehearing. [read post]
23 Jun 2016, 2:31 pm
This calls to mind the comic highlight of the Term, both before and after the death of Justice Antonin Scalia. [read post]
23 Jun 2016, 1:16 pm
In a sense, then, the even split was another reflection in the Court’s work of operating with an even number of Justices, following the death of Justice Antonin Scalia in February. [read post]
23 Jun 2016, 11:43 am
The seat still vacant after the death in February of Justice Antonin Scalia may have a new occupant by then. [read post]
23 Jun 2016, 11:37 am
” Had Justice Antonin Scalia not passed away in February, he almost certainly would have voted along the lines of the dissenters. [read post]
23 Jun 2016, 9:53 am
Then there was the subsequent grant of certiorari by an eight-Justice Court in Fisher II (with the recusal of Justice Elena Kagan), a move that would’ve been odd if, with Justice Antonin Scalia, the remaining eight Justices were evenly divided. [read post]
23 Jun 2016, 9:23 am
When and if this issue returns to the Supreme Court, it is likely that a new justice will have been confirmed to fill the seat vacated by the unexpected passing of Justice Antonin Scalia. [read post]
23 Jun 2016, 8:07 am
" I don't think that's supposed to be a reference to the death of Antonin Scalia. [read post]
23 Jun 2016, 8:05 am
One note on the lineup: The 4-3 split of the decision suggests that the court would have been split 4-4 after oral argument (because it’s pretty clear Justice Antonin Scalia would have sided with Fisher). [read post]
23 Jun 2016, 3:30 am
” Over the years, this language has been often quoted by the Supreme Court, including in 1997 by Justice Antonin Scalia in Auer v. [read post]
22 Jun 2016, 10:01 am
Unlike some of the Court’s other high-profile cases this Term, no one expects the Court to deadlock: Justice Elena Kagan is not participating, which in the wake of Justice Antonin Scalia’s death leaves the Court with just seven Justices to decide the case. [read post]
21 Jun 2016, 4:56 am
At the same time, it’s perhaps less of a win than the police might have enjoyed if Justice Antonin Scalia were still on the Court. [read post]
20 Jun 2016, 6:35 pm
At the same time, it’s perhaps less of a win than the police might have enjoyed if Justice Antonin Scalia were still on the Court. [read post]
