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10 Jan 2023, 10:30 am by Paul M. Barrett
But during the 2020 campaign and its aftermath, political considerations influenced the platforms’ top management to refrain from vigorous application of their policies. [read post]
19 Dec 2022, 9:40 am by Phil Dixon
In Hemphill, the majority opinion was authored by Justice Sotomayor and was joined by the Chief Justice, along with Justices Gorsuch, Barrett, Kagan, and Breyer. [read post]
9 Dec 2022, 3:00 am by Jim Sedor
The rule expands the definition of “public communication” to “any public communication over the internet that is placed for a fee on another person’s website, digital device, application, or advertising platform. [read post]
8 Dec 2022, 8:56 am by Kate Shaw
Argument analysis Going into Wednesday’s arguments, it seemed clear that the most important justices to watch were Chief Justice Roberts and Justice Barrett, who did not join their conservative fellow travelers in the 2020 presidential-election cases discussed above (which predated Justice Barrett on the Court), and Justice Kavanaugh, whose record on the ISLT is mixed. [read post]
The court denied an application for an emergency stay in March but ultimately agreed last June to take up the case. [read post]
5 Dec 2022, 11:26 am by Christina Egan and Katherine Cienkus
They argued that in application, the right-to-control theory had been properly limited to target information deprivation schemes that have tangible economic harms. [read post]
3 Dec 2022, 8:30 am by Dale Carpenter
(Since Masterpiece Cakeshop, Justices Kavanugh and Barrett have been added to the Court. [read post]
2 Dec 2022, 10:11 pm by Josh Blackman
The power of the purse would not work for DACA, because it was funded by application fees. [read post]
17 Nov 2022, 8:55 am by Lawrence Solum
As Justice Amy Coney Barrett has explained, stare decisis can often function similarly to preclusion and consequently the application of stare decisis can deprive litigants of their life, liberty, or property rights without due process of law. [read post]
15 Nov 2022, 12:13 pm by Sasha Volokh
Justice Barrett: 14 clerks since 2020 — 2 are from Harvard (none from Yale); all but 3 are from the T14. [read post]
10 Nov 2022, 7:32 am by Michael C. Dorf
 Further, the lawyers defending ICWA noted that the cases currently before the Court challenge ICWA on its face, so that even if some as-of-yet hypothetical application of the third preference might be characterized as an impermissible racial preference, that should not invalidate the statute. [read post]
2 Nov 2022, 5:48 pm by Noam Biale
Justices Samuel Alito, Amy Coney Barrett, and Jackson all peppered him with questions about how the government’s reading would work in practice and how a district court would apply it to a variety of scenarios beyond a Rehaif claim. [read post]
31 Oct 2022, 11:40 pm by Josh Blackman
But I was struck at how settled the Chief Justice, as well as Justices Kavanaugh and Barrett were. [read post]
31 Oct 2022, 3:27 pm by JURIST Staff
The plaintiffs allege that UNC and Harvard discriminated against applicants—particularly Asian American applicants—by considering race in their admissions programs. [read post]
28 Oct 2022, 5:05 pm by Noam Biale
Dissenting in Rehaif, Justice Samuel Alito warned that “the decision will create a mountain of problems with respect to the thousands of prisoners currently serving terms for § 922(g) convictions,” whose applications for relief will “swamp the lower courts. [read post]
26 Oct 2022, 6:58 am by INFORRM
Thomas J for the majority (Roberts CJ, and Alito, Gorsuch, Kavanaugh, and Barrett JJ concurring) held that a restriction on carrying arms in public for self-defense reasons was inconsistent with the Nation’s historical tradition of firearms regulation and was thus unconstitutional. [read post]
24 Oct 2022, 4:00 am by Michael C. Dorf
(They went to Barrett first because she's the 7th Circuit Justice, but they can go to any Justice second.) [read post]