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20 Jun 2023, 9:01 pm by Albert W. Alschuler
”Three Justices Say the Dictum SurvivesDespite the tension between Heller’s dictum and Bruen’s holding, a concurring opinion in Bruen by Justice Brett Kavanaugh joined by Chief Justice John Roberts repeated the dictum verbatim. [read post]
19 Jun 2023, 1:00 am by CAFE
The 5-4 decision, with conservative justices John Roberts and Brett Kavanaugh joining the three liberal justices, stunned legal experts.Khanna is a partner at the Elias Law Group, a voting rights law firm. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
Justice Neil Gorsuch joined Justice Thomas’s separate opinion in Seila Law, while Justices Brett Kavanaugh and Amy Coney Barrett concurred in Justice Kagan’s majority in Polansky but wrote separately to say that they agreed with Justice Thomas that there are substantial doubts about whether qui tam actions are consistent with Article II.Will History Count? [read post]
Justices Brett Kavanaugh and Amy Coney Barrett concurred with the majority, while also acknowledging the relevancy of Justice Thomas’ Article II concerns. [read post]
16 Jun 2023, 1:12 pm by Geoff Schweller
Justice Clarence Thomas’s dissent was joined by Justices Brett Kavanaugh and Amy Coney Barrett in questioning whether the whistleblower provisions of the False Claims Act violate Article II of the U.S. [read post]
16 Jun 2023, 11:47 am by Jacob T. Elberg
While only Thomas wrote in support of his argument about the extent of the government’s authority to dismiss, Justice Brett Kavanaugh issued a concurring opinion, joined by Justice Amy Coney Barrett, in which he agreed with Thomas that “[t]here are substantial arguments that the qui tam device is inconsistent with Article II and that private litigators may not represent the interests of the United States in litigation … the Court should consider the competing… [read post]
15 Jun 2023, 12:27 pm by Amy Howe
Justice Amy Coney Barrett wrote for the majority, in a 34-page opinion joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. [read post]
9 Jun 2023, 3:04 pm by vcadmin
The majority opinion, mostly written by Justice John Roberts and signed onto by the liberal bloc and Justice Brett Kavanaugh, held that Alabama’s 2022 congressional map likely violates Section 2 of the Voting Rights Act (VRA) that protects minority groups. [read post]
9 Jun 2023, 2:48 pm by lennyesq
First, a bare majority of the court—Chief Justice John Roberts, Justice Brett Kavanaugh, and the three liberals—believes that the VRA still plays a meaningful role in maintaining a multiracial democracy (or is willing to defer to Congress’ judgment on the matter). [read post]
8 Jun 2023, 9:01 pm by Michael C. Dorf
Joined by the Court’s three Democratic appointees and (in nearly all of the opinion) Justice Brett Kavanaugh, the Chief Justice reaffirmed a key 37-year-old precedent—Thornburg v. [read post]
8 Jun 2023, 4:55 pm by Howard Bashman
” And Mark Joseph Stern has a Jurisprudence essay titled “John Roberts and Brett Kavanaugh Really Did Just Save the Voting Rights Act. [read post]
8 Jun 2023, 2:21 pm by John Elwood
Department of Education relisted a petition raising this issue twice before denying review over a dissent by Justice Clarence Thomas, joined by Justice Brett Kavanaugh. [read post]
8 Jun 2023, 10:33 am by Amy Howe
And Justice Brett Kavanaugh wrote a concurring opinion, joined by Justice Samuel Alito, in which he emphasized that the court’s order simply put the lower court’s ruling on hold until the Supreme Court could review it. [read post]
8 Jun 2023, 9:19 am by Ilya Somin
In a crucial concurring opinion (he was the swing voter in this 5-4 decision) Justice Brett Kavanaugh reaffirms strong statutory stare decisis even more forcefully: I agree with the Court that Alabama's redistricting plan violates §2 of the Voting Rights Act as interpreted in Thornburg v. [read post]
8 Jun 2023, 6:00 am by Stacey Matthews
The post Flashback: The One-Year Anniversary of the Assassination Attempt on SCOTUS Justice Brett Kavanaugh first appeared on Le·gal In·sur·rec·tion. [read post]
7 Jun 2023, 1:35 pm by Amy Howe
Barrett was one of three justices, along with Justices Neil Gorsuch and Brett Kavanaugh, who reported nearly $30,000 each in income from teaching gigs. [read post]