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3 May 2021, 9:40 am
[Wiping out a Justice Jackson opinion may be too much to bear.] [read post]
3 May 2021, 8:11 am
” And, similar drama of the Better Call Saul variety: “Afternoon Briefs: Lawyer accused of laundering cash from undercover agent; Justice Barrett lists home for nearly $900K” — “Prominent Dallas lawyer Rayshun “Ray” Jackson of the Jackson Law Firm has been charged with laundering money acquired from an undercover agent who said the money came from drug trafficking. [read post]
3 May 2021, 7:52 am
(Kenneth Jost, Jost on Justice) Petty Sticklerism That Fortuitously Benefits An Undocumented Immigrant is Still Petty Sticklerism (Michael Dorf, Dorf on Law) Supreme Court’s Ethics Problems Are Bigger Than Coney Barrett (Timothy O’Brien, Bloomberg) Republicans say court packing is ‘unconstitutional. [read post]
3 May 2021, 6:17 am
That changed just one term later with the arrival of Justice Barrett. [read post]
2 May 2021, 1:14 pm
Copyright Computer Programs Software Platform Fair Use Market Substitute Unrealized Licensing Opportunities Google’s limited copying of the Java SE Application Programming Interface allowed programmers to put their accrued talents to work in a transformative program and constituted a fair use of that material under copyright law. [read post]
2 May 2021, 12:58 pm
An unusual alliance of justices joined Gorsuch: the court’s three liberals – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – as well as two other conservatives – Justices Clarence Thomas and Amy Coney Barrett. [read post]
2 May 2021, 12:34 pm
“Supreme Court’s Ethics Problems Are Bigger Than Coney Barrett; As conflicts of interest accumulate, the justices need to embrace more stringent standards of conduct”: Timothy L. [read post]
2 May 2021, 9:59 am
Gorsuch and Justice Amy Coney Barrett, however, appeared the most concerned about a private party haling a state into federal court, so it remains to be seen who will ultimately prevail. [read post]
1 May 2021, 12:19 pm
We were looking at now-Justice Amy Coney Barrett's record while a judge on the 7th Circuit Court of Appeals. [read post]
1 May 2021, 7:19 am
After this post, I'll (have to) take a break from blogging about App Store antitrust matters for a few weeks or maybe even months, as I'll explain further below. [read post]
1 May 2021, 6:00 am
” ICYMI: Saul Cornell on Justices Barrett and Gorsuch and Originalism and gun laws (Slate), and a reply in the National Review. [read post]
30 Apr 2021, 1:17 pm
Seth Barrett Tillman and I submitted an article titled "What Happens if the Biden Administration Prosecutes and Convicts Donald Trump of Violating 18 U.S.C. [read post]
30 Apr 2021, 11:55 am
Kavanaugh and Justice Amy Coney Barrett explored the practical implications of the associations’ interpretation, exploring whether Congress would really have intended small refineries to go out of business if they could not comply with the program. [read post]
29 Apr 2021, 9:01 pm
About three weeks ago, in a per curiam (that is, unsigned) opinion in a case that was not fully briefed and argued at the Supreme Court, a majority of Justices (Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett) announced a potentially game-changing approach to processing claims brought under the Free Exercise Clause of the First Amendment. [read post]
29 Apr 2021, 7:56 pm
Siding with him were liberal Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer, as well as conservatives Amy Coney Barrett and Clarence Thomas. [read post]
29 Apr 2021, 4:48 pm
“Barrett and Gorsuch Have to Choose Between Originalism and Expanding Gun Rights”: Professor Saul Cornell has this jurisprudence essay online at Slate. [read post]
29 Apr 2021, 4:42 pm
” And at “The Volokh Conspiracy,” Josh Blackman has a post titled “The Supreme Court’s Libertarian Wing Squares The Corner; Justices Gorsuch, Thomas, and Barrett won’t ‘endow the Executive Branch with maximum bureaucratic flexibility. [read post]
29 Apr 2021, 11:07 am
And I'm glad to see Justice Barrett in this triad. [read post]
29 Apr 2021, 8:02 am
Justice Gorsuch, wrote for the Court, joined by Justices Thomas, Breyer, Sotomayor, Kagan, and Barrett. [read post]
29 Apr 2021, 7:43 am
Gorsuch’s majority opinion was joined by the court’s three liberals – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – as well as two other conservatives – Justices Clarence Thomas and Amy Coney Barrett. [read post]