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6 Aug 2012, 7:30 am
Finally, three of the Justices (Kennedy, Scalia, and Ruth Bader Ginsburg) soon will reach their eighties. [read post]
2 Aug 2012, 9:19 am
Only Justice Thomas, who has consistently proclaimed a pre-New Deal conception of the Commerce Clause, was likely to vote to strike the Act down on that ground. [read post]
1 Aug 2012, 7:00 am
Joined by Justices Scalia, Kennedy, Thomas and Alito, the Chief Justice found that the Individual Mandate was unconstitutional under the Commerce Clause. [read post]
26 Jul 2012, 9:39 am
What we do know, however, is that 5 Justices, namely Justices Kennedy, Roberts, Thomas, Alito and Scalia all agreed that business methods are patentable subject matter. [read post]
25 Jul 2012, 3:56 pm
What we do know, however, is that 5 Justices, namely Justices Kennedy, Roberts, Thomas, Alito and Scalia all agreed that business methods are patentable subject matter. [read post]
25 Jul 2012, 11:03 am
After our 2012 Annual Meeting, I recapped a session from the conference that had focused on the topic of healthcare reform (See here, here and here). [read post]
24 Jul 2012, 7:43 am
Justices Kennedy, Thomas, Ginsburg, Sotomayor, and Kagan joined Justice Breyer’s opinion. [read post]
24 Jul 2012, 7:43 am
Justices Kennedy, Thomas, Ginsburg, Sotomayor, and Kagan joined Justice Breyer’s opinion. [read post]
24 Jul 2012, 6:00 am
So is one of two Bush 41 appointees (Thomas). [read post]
23 Jul 2012, 9:46 pm
Only Justices Clarence Thomas an Stephen Breyer had the foresight and wisdom to oppose the majority. [read post]
20 Jul 2012, 5:12 am
And I have no reason to disagree with Colb's analysis of the internal personal struggles that might have played out during the case.I do, however, want to work from the well-known premise that underlies analyses like Professor Colb's: John Roberts is a "movement conservative," put on the court by the Bush/Cheney administration because they expected him to be a reliable arch-conservative, forming a bloc with Justices Scalia and Thomas (later to be joined by Alito), and… [read post]
19 Jul 2012, 5:00 am
When Roberts changed his mind and joined with the liberals, he tried to get Justice Kennedy to come along, but of course as we all now know, Kennedy would not join Roberts. [read post]
17 Jul 2012, 2:00 am
Kennedy, joined by Chief Justice John G. [read post]
17 Jul 2012, 12:30 am
The Court answered "no" to but commentators have taken the real importance of the case to lie in the broadly anti-union rhetoric of the majority opinion by Justice Alito (joined by the other conservatives: CJ Roberts and Justices Scalia, Kennedy and Thomas). [read post]
16 Jul 2012, 12:30 am
As noted above, this is the position of Justices Scalia and Thomas. [read post]
15 Jul 2012, 11:43 pm
Only five Justices on Court today that were on the Court then, so that narrows it down to Scalia, Kennedy, Thomas, Ginsburg, and Breyer. [read post]
14 Jul 2012, 11:19 am
Mansbridge of the Harvard University Kennedy School of Government, have co-edited Deliberative Systems: Deliberative Democracy at the Large Scale (Cambridge University Press, 2012). [read post]
13 Jul 2012, 3:49 pm
Justices Kennedy, Ginsburg, Breyer and Sotomayor joined the majority opinion. [read post]
13 Jul 2012, 3:17 pm
Thomas (STT), and Des Moines (DSM). [read post]
13 Jul 2012, 11:41 am
Further, Chief Justice Roberts’ opinion, particularly when read in conjunction with the stinging joint dissent signed by Justices Scalia, Kennedy, Thomas, and Alito, raises questions about the Court’s future Commerce Clause and Spending Clause jurisprudence and may invite further constitutional challenges to important social programs. [read post]
