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4 Jul 2012, 8:05 pm
The joint dissent written by Justices Scalia, Kennedy, Thomas, and Alito in the health care cases makes for interesting reading. [read post]
4 Jul 2012, 12:07 pm
But Justice Kennedy wrote only for himself and three other Justices in Alvarez. [read post]
3 Jul 2012, 2:16 pm
Gillette forcefully takes me to task for suggesting that Justices Scalia, Kennedy, Thomas, and Alito are true conservatives while Judge Posner is not. [read post]
3 Jul 2012, 1:47 pm
http://bit.ly/LiDjmP (Tam Hebert) CNIL Offers Guidance on Aligning Cloud Services with Data Protection Requirements – http://bit.ly/R1YUyi (Myria Saarinen) Floodgates Open as Social Media Arrives in Finance World – http://bit.ly/Llh0rV (Amy Henzmann) German Data Protection Authorities Issue Resolution and Guidance Paper on Smart Metering – http://bit.ly/N4nQkc (Hunton Williams) Health Care Jobs in Balance with Court Ruling – http://bit.ly/LF1QCk (Beecher Tuttle) Heart… [read post]
3 Jul 2012, 8:12 am
Clarence and Virginia Thomas After the theory that Chief Justice Roberts' vote to uphold ACA was caused by his epilepsy medication didn't fly, the latest conservative narrative making the rounds (thanks to a "scoop" by CBS's Jan Crawford) is that Roberts switched his vote, buckling to external political pressure, and then withstood a ferocious month-long campaign by Justice Kennedy to bring him back around. [read post]
3 Jul 2012, 7:43 am
” The Chief Justice, as well as Justices Scalia, Kennedy, and Thomas, joined the majority opinion. [read post]
2 Jul 2012, 8:18 pm
I thought it would be 7-2, I was surprised with Kennedy and disappointed with Alito,” adding that “Scalia and Thomas are lost souls. [read post]
2 Jul 2012, 7:12 pm
Kennedy) only Scalia has been a consistent conservative. [read post]
2 Jul 2012, 5:09 pm
” Justices Scalia, Kennedy, Thomas, and Alito filed a dissenting opinion in which they also found that the individual mandate could not be upheld under the Commerce Clause. [read post]
2 Jul 2012, 1:29 pm
But, with Justice Kennedy so often acting as the swing vote, and Roberts almost universally siding with his fellow conservative appointees (Scalia, Alito and Thomas), the Chief has never really put his stamp on the Court. [read post]
2 Jul 2012, 11:50 am
” The Chief Justice’s conclusion that the individual mandate exceeded Congress’s powers under the Commerce Clause–a conclusion also reached by dissenting Justices Scalia, Kennedy, Thomas, and Alito–was therefore necessary to the majority coalition’s conclusion that the penalty for failure to carry insurance was authorized by Congress’s power of taxation. [read post]
2 Jul 2012, 10:53 am
” Justices Scalia, Kennedy, Thomas, and Alito filed a dissenting opinion in which they also found that the individual mandate could not be upheld under the Commerce Clause. [read post]
2 Jul 2012, 9:49 am
The majority opinion (Justices Alito, Scalia, Kennedy, Thomas, and Chief Justice Roberts) starts by questioning the constitutionality of requiring non-members to pay even chargeable expenses. [read post]
2 Jul 2012, 9:28 am
Justice Scalia, Justice Kennedy, Justice Thomas, and Justice Alito formed the dissenting opinion, or the individuals on the Court who did not agree with the Supreme Court's ruling. [read post]
2 Jul 2012, 5:02 am
My guess is that some disgruntled law clerks for Justices Kennedy, Thomas, Scalia, or Alito are the source, but I doubt we will never really know. [read post]
2 Jul 2012, 4:36 am
This CBS invesitgative report by Jan Crawford says that Chief Justice Roberts first decided to vote with Justices Scalia, Kennedy, Thomas, and Alito to strike down the so-called health care mandate, then switched to where he ended up (upholding the law as a tax), and then was lobbyied hard, particularly by Justice Kennedy, to come back to the "conservative" fold. [read post]
2 Jul 2012, 3:49 am
These, and other little tidbits, can be gleaned from SCOTUSblog’s Stat Pack, from which you will learn that Kennedy was the justice most frequently in the majority (88%, excluding unanimous decisions), while Ginsburg was the justice least likely to find herself there (45%), that Scalia and Thomas were the justices most commonly in agreement (93.3%), that Scalia and Breyer wrote the most opinions (22, including concurrences and dissents), and that Alito had an… [read post]
1 Jul 2012, 7:41 pm
But if the constitutionality of this Act depends on whether the financial penalty for not buying the mandated health care package is a “tax”, I go with Justice Roberts, and against the dissenting opinion by Justices Scalia, Kennedy, Thomas, and Alito, in concluding that this penalty can indeed be considered a “tax”. [read post]
1 Jul 2012, 5:36 pm
[Page 10].Justices Scalia and Thomas have finished the Term with the highest rate of agreement on the judgment across all cases. [read post]
1 Jul 2012, 2:43 pm
(Example 1: “There was a fair amount of give-and-take with Kennedy and other justices, the sources said. [read post]
