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24 Mar 2015, 9:01 pm
Indeed, even very conservative jurists—like Justices Clarence Thomas and Antonin Scalia—have decisively and repeatedly reaffirmed that there will be no return to the Lochner era. [read post]
9 Jan 2018, 9:01 pm
But progressives and even most centrists think that the federal government needs the power to regulate health insurance markets, environmental pollution, and a host of other subjects that would be off-limits under the sort of restrictive view of the Commerce Clause advocated by libertarians and self-styled constitutional originalists like Justice Clarence Thomas. [read post]
20 Apr 2023, 9:01 pm
The true threat is coming from inside the Supreme Court building.Follow @dorfonlaw Michael C. [read post]
29 Oct 2019, 9:01 pm
Following the victory of Thomas Jefferson and his Democratic-Republican Party in the election of 1800, the lame-duck Federalist-dominated Congress created new judgeships and other jobs, and packed them with Federalists. [read post]
9 Jun 2020, 9:01 pm
Concurring in a 2017 case, Justice Clarence Thomas complained that the doctrine had lost touch with its common-law roots. [read post]
9 Aug 2016, 9:01 pm
But he erred by doing so in a case that validates an extreme lack of courtesy shown by a school board to one of its students.Follow @dorfonlaw Michael C. [read post]
7 Feb 2013, 12:05 pm
Vargo, Michael P. [read post]
17 May 2016, 9:01 pm
But at least in cases in which plaintiffs seek to compel executive enforcement of the law, there is a reason for the courts to limit Congress’s power.By contrast, as Justice Clarence Thomas suggests in a concurrence in Spokeo, the separation-of-powers concern is largely absent where Congress authorizes one set of private parties to sue another set of private parties. [read post]
3 Apr 2018, 9:01 pm
A former union-side labor lawyer, Democratic party activist, and civilian reviewer of the Los Angeles police, upon becoming a judge Reinhardt no more “strip[ped] down like a runner,” as Clarence Thomas disingenuously put it during his Supreme Court confirmation hearing, than have more conservative jurists. [read post]
19 Apr 2016, 9:01 pm
Amnesty Int’l USA, from which they dissented.To the extent that it is possible to view arguments about standing without reference to the merits, it looked like the best case was made by attorney Thomas Saenz, representing intervenors—three undocumented immigrant mothers living in Texas whose children are U.S. citizens and would be eligible for withholding of deportation under DAPA. [read post]
18 Jul 2018, 10:27 am
Michael Livermore is professor of law at University of Virginia School of Law. [read post]
6 Oct 2013, 9:01 pm
Michael C. [read post]
8 Dec 2020, 9:01 pm
Most famously, after Thomas Jefferson’s election in 1800, John Adams and the defeated Federalist Congress enacted the “Midnight Judges” law creating new federal judgeships and other positions that they then packed with Federalists.Likewise, prior lame-duck presidents have issued controversial pardons. [read post]
4 Aug 2020, 9:01 pm
Professor Josh Blackman sees in Biskupic’s articles the hand of someone trying to valorize the Chief Justice and Justice Gorsuch at the expense of Justices Thomas and Kavanaugh. [read post]
2 Feb 2021, 9:01 pm
Thus, Justice Clarence Thomas pithily wrote in a concurrence in a 2005 ruling: “Jurisdictional rules should be clear. [read post]
9 Jul 2018, 7:08 am
Maggie Haberman and Jonathan Martin of The New York Times report that Senate Majority Leader Mitch McConnell of Kentucky told Trump that Judges Raymond Kethledge and Thomas Hardiman “presented the fewest obvious obstacles to being confirmed. [read post]
19 Jul 2014, 11:30 am
Raymond Randolph, Harry Edwards, and Thomas Griffith. [read post]
28 Dec 2017, 5:00 am
From Arms and Influence to Data and Manipulation: What Can Thomas Schelling Tell Us About Cyber Coercion? [read post]
5 May 2021, 11:59 am
Thomas P. [read post]
26 Nov 2007, 12:29 pm
Thomas); Lisa Pruitt (UC-Davis); Nancy Reichman (Denver, Sociology Dept.); Leticia Saucedo (UNLV); Vicki Schultz (Yale); Michael Selmi (GW); Brenda Smith (American); Peggie Smith (Iowa); Laura Spitz (Colorado); Susan Sturm (Columbia); Tracy Thomas (Akron); Rose Villazor (SMU); Joan Vogel (Vermont); Sidney Watson (St. [read post]
