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13 Jul 2012, 6:43 am
Justice Kennedy spoke at the Aspen Institute about the Constitution and the Court, in an event moderated by Akhil Amar and Elliot Gerson. [read post]
12 Jul 2012, 12:23 pm
Justice Clarence Thomas has suggested that he would reconsider whether there is any basis under the First Amendment for FCC regulation of broadcast content. [read post]
12 Jul 2012, 11:54 am
And the joint dissenters—Justices Scalia, Kennedy, Thomas, and Alito—invoked traditional areas of state concern only in making general points about the need for limits on the Spending Clause, in the part of their opinion that considered the ACA’s expansion of Medicaid. [read post]
10 Jul 2012, 1:37 pm
Justices Scalia, Kennedy, Thomas and Alito filed a dissenting opinion. [read post]
10 Jul 2012, 10:18 am
Defense counsel should (and doubtlessly will) plumb the Roberts opinion, as well as the joint dissent of Justices Scalia, Thomas, Alito, and Kennedy, for sound bites that can be used in arguments challenging the constitutionality of various federal criminal statutes. [read post]
9 Jul 2012, 9:30 pm
"The Justice Kennedy Regionals," etc., you get the idea. [read post]
9 Jul 2012, 6:03 pm
Although the Court was unanimous on several fronts, many times it split along ideological lines: Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito on the right, and Justices Ruth Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan on the left, with Justice Anthony Kennedy as the swing vote. [read post]
9 Jul 2012, 1:00 pm
Justice Alito filed a dissenting opinion, which was joined by Justices Scalia and Thomas. [read post]
8 Jul 2012, 5:41 pm
I spoke my piece last night on Mark Thoma's exposition/defense of macro. [read post]
8 Jul 2012, 7:48 am
Raich had come out the other way (it didn’t because Scalia and Kennedy voted with the majority). [read post]
7 Jul 2012, 9:46 am
(Thiessen apparently doesn't remember Byron White, who throughout his career was a good Kennedy Democrat, which made him "more conservative" by the time he retired because the Democratic Party had changed.) [read post]
6 Jul 2012, 4:27 pm
Justices Scalia, Kennedy, Thomas and Kagan joined the majority opinion. [read post]
6 Jul 2012, 4:24 pm
The Chief Justice and Justices Scalia, Kennedy, Thomas, Ginsburg, Breyer, and Alito joined Justice Kagan’s opinion. [read post]
6 Jul 2012, 9:27 am
What shouldn't be lost in all the hoopla over the validation of Obamacare is that the Scalia and the other three dissenters (Thomas, Alito and Kennedy), as Paul Krugman points out, "did so in extreme terms, proclaiming not just the much-disputed individual mandate but the whole act unconstitutional. [read post]
6 Jul 2012, 8:55 am
Text messaging is a great way to communicate, but beware that when you are texting your drug dealer the person who responds back may just be the police. [read post]
5 Jul 2012, 5:46 pm
Or rather, if the Scalia-Kennedy-Thomas-Alito boys wouldn't be good, Roberts had to be good and do what the grown-ups say or, you see, they'd all be punished. [read post]
5 Jul 2012, 3:56 pm
Justice Thomas concurred in the judgment, agreeing that there was no Confrontation Clause violation--but only because he deemed the statements at issue not to be “testimonial. [read post]
5 Jul 2012, 2:48 pm
Chief Justice Roberts and Justices Scalia, Kennedy, Breyer, and Sotomayor joined Justice Thomas’s opinion. [read post]
5 Jul 2012, 1:01 pm
University of Memphis journalism professor Thomas Hrach conducted a study of 122,000 news stories published between 2000 and 2010, to determine which terms are being used to describe foreign nationals in the U.S. who are out of status. [read post]
5 Jul 2012, 5:05 am
In an opinion that is notable for its vitriol (even by the standards of everything else that Justice Scalia has signed onto), four of the Court's five conservatives (Alito, Thomas, and Kennedy, along with Scalia) fairly scream that the taxing power must be limited by form, not substance. [read post]
