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18 Dec 2023, 10:06 am by Mark Walsh
” Sotomayor referred to a description of O’Connor by Justice Clarence Thomas, who served 15 1/2 terms with her, as “the glue of this court. [read post]
18 Dec 2023, 7:38 am by Spencer Overton
The post “A ‘Delicate Matter’: Clarence Thomas’ Private Complaints About Money Sparked Fears He Would Resign” appeared first on Election Law Blog. [read post]
18 Dec 2023, 7:15 am by SCOTUSblog
Here’s the Monday morning read: A “Delicate Matter”: Clarence Thomas Private Complaints About Money Sparked Private Fears He Would Resign (Justin Elliott, Joshua Kaplan, Alex Mierjeski, & Brett Murphy, ProPublica)   Late Justice Sandra Day O’Connor to be honored at Supreme Court ceremony (Lawrence Hurley, NBC News) Donald Trump Faces Pivotal Supreme Court Deadline (Sean O’Driscoll, Newsweek) Why clearing homeless camps is harder… [read post]
15 Dec 2023, 3:16 pm by Orin S. Kerr
The next morning, Justice Clarence Thomas added his name, then Justice Amy Coney Barrett, and days later, Justice Brett M. [read post]
15 Dec 2023, 12:17 pm by Josh Blackman
But Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett votes to grant cert. [read post]
14 Dec 2023, 9:01 pm by Michael C. Dorf
Ferguson, is noteworthy because of dissents from the denial of cert by Justices Clarence Thomas and Samuel Alito. [read post]
12 Dec 2023, 9:01 pm by Leslie C. Griffin
Then there was the biggest shock: Justice Clarence Thomas, long known for being silent, asked a question.She knew she did well in the argument. [read post]
11 Dec 2023, 8:32 am by Amy Howe
Justices Clarence Thomas and Samuel Alito both penned dissents from the court’s denial of review. [read post]
11 Dec 2023, 6:51 am by Howard Bashman
Ferguson, No. 22–942, Justices Clarence Thomas and Samuel A. [read post]
10 Dec 2023, 9:02 pm by Lauren Stiller Rikleen
Clarence Thomas, perhaps demonstrating his own loyalty to the organization – if not gratitude for the largess of benefactors – suggested in his concurring decision overturning Roe that the Court reconsider a variety of due process precedents, including cases involving access to contraception and the right for same-sex couples to marry.Justice O’Connor’s retirement from the Supreme Court to care for her ailing husband marked a turning point for the Court. [read post]
5 Dec 2023, 9:01 pm by Michael C. Dorf
United States, four Justices expressly stated their eagerness to revisit the intelligible principle test, which Justice Neil Gorsuch, writing in a dissent joined by Chief Justice John Roberts and Justice Clarence Thomas, said “has no basis in the original meaning of the Constitution” or pre-New Deal history.Meanwhile, in another line of recent cases, the Court has used the “major questions” doctrine to accomplish as a… [read post]
5 Dec 2023, 1:08 pm by Amy Howe
Justice Clarence Thomas would not have dismissed the case on the ground that the case was moot, noting that the hotel had spent “significant time and resources fully briefing a question that will now go unanswered” and observing that “the circumstances strongly suggest strategic behavior on Laufer’s part” in dismissing the case in the lower court. [read post]
5 Dec 2023, 1:04 pm by Amy Howe
Justice Clarence Thomas asked whether Congress could tax an increase in the value of real estate, while Justice Neil Gorsuch asked about the possibility of a tax on retirement investment accounts, which millions of Americans hold. [read post]
5 Dec 2023, 7:04 am by Howard Bashman
Justices Clarence Thomas and Ketanji Brown Jackson issued opinions concurring in the judgment. [read post]
5 Dec 2023, 5:16 am by Ellena Erskine
The justices will then hear oral argument in Moore v. [read post]
4 Dec 2023, 2:49 pm by Barbara Moreno
Staab, Limits of Constraint:  The Originalist Jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas (2022). 4. [read post]
3 Dec 2023, 5:29 am by Abbe R. Gluck
Just last week, Justice Clarence Thomas authored what appears to be the first ever opinion (a dissent from the denial of review) on the question of the propriety of preclusion in the context of another procedural vehicle that has been repurposed in modern times to serve as a method of mass aggregation and settlement — multidistrict litigation. [read post]
30 Nov 2023, 4:50 am by John Elwood
Justice Clarence Thomas wrote an opinion dissenting from the denial of certiorari, arguing that it “seems illogical and unfair” to relax the common-law requirement that collateral estoppel bind litigants in later litigation only when both parties are the same. [read post]