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7 May 2020, 8:26 am by Daniel S. Blynn and Michael A. Munoz
Further, Justices Roberts, Thomas, Alito, and Gorsuch bypassed questioning the Government on the constitutionality question (Justice Gorsuch began his questioning by stating, “I think the government debt exception is almost certainly content-based”), but, instead, focused on whether the Exception is severable from the TCPA. [read post]
7 May 2020, 8:08 am by Thomas Baer
Justice Thomas filed a dissenting opinion joined by Justice Alito and Justice Breyer, and Justice Ginsburg's opinion was joined by Justice Breyer. [read post]
7 May 2020, 3:41 am by Tyler Gillett
Chief Justice Roberts and Justice Kagan asked whether the exception was too broad as written, and both Roberts and Justice Breyer wondered that the opposing sides in the case could not work out a reasonable solution among themselves. [read post]
6 May 2020, 2:30 pm by Josh Blackman
— I will publish a more substantive post about Chief Justice Roberts, and Justices Breyer and Kagan shortly. [read post]
6 May 2020, 12:12 pm by Peter Margulies
In the majority were Ninth Circuit Judges Sidney Thomas and Marsha Berzon; Judge Daniel Bress dissented. [read post]
6 May 2020, 11:43 am by Amy Howe
Justice Clarence Thomas, on the other hand, clearly seemed to be a vote to uphold the exemptions. [read post]
6 May 2020, 6:50 am by Adam Faderewski
Robert Don Collier, 73, of Dallas, died April 9, 2020. [read post]
6 May 2020, 3:13 am by Walter Olson
“Unthinkable”: Cuomo executive order protects New York medical professionals from liability for much care extended during the emergency [Robert Gavin, Albany Times-Union] Will liability capsize the nursing home business? [read post]
5 May 2020, 8:29 pm by David Oscar Markus
 And we have seen Justice Thomas ask questions two days in a row! [read post]
5 May 2020, 4:54 pm by Iantha Haight
Is his participation due to the new format, with the justices being called upon in turn by Chief Justice Roberts? [read post]
5 May 2020, 4:54 pm by Iantha Haight
Is his participation due to the new format, with the justices being called upon in turn by Chief Justice Roberts? [read post]
5 May 2020, 4:54 pm by Iantha Haight
Is his participation due to the new format, with the justices being called upon in turn by Chief Justice Roberts? [read post]
5 May 2020, 11:40 am by sydniemery
Beyer, A Cold Head is Not Just for Beer Anymore, Jotwell (March 31, 2020) (reviewing Thomas E. [read post]
5 May 2020, 7:57 am by Jessica Litman
Justice Clarence Thomas, who has seldom asked questions at oral argument, came next. [read post]
5 May 2020, 3:54 am by Edith Roberts
For The Washington Post (subscription required), Robert Barnes reports that “[t]he Supreme Court’s historic first teleconference oral argument went off relatively smoothly …, and its orderly round of questioning by the justices was enough to entice Justice Clarence Thomas, who usually asks no questions at hearings. [read post]