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14 Aug 2023, 5:36 am by Guest Author
This paper is much narrower—Sunstein is really unpacking some of the conservative SCOTUS bloc’s internal debates about the MQD in Biden v. [read post]
31 Jul 2023, 11:50 am by Josh Blackman
Justice Thomas does not place much weight on precedent: Justice Alito says. [read post]
31 Jul 2023, 4:00 am by Eric Segall
If you want a wonderful summary of the inanity of Thomas' opinion, here's a piece for you.In Biden v. [read post]
24 Jul 2023, 9:15 am by Amanda M. Gómez and Shira M. Blank
While the majority voted to leave this ruling in place, Justice Samuel Alito and Justice Clarence Thomas dissented from the denial of certiorari. [read post]
24 Jul 2023, 5:27 am by Will Baude
And this is not, as Baude argues, "the same case as Maine v. [read post]
24 Jul 2023, 3:38 am by INFORRM
On Friday 21 July 2023 there was a hearing in the case of Iqbal v Geo TV Limited. [read post]
17 Jul 2023, 6:13 pm by Jonathan H. Adler
The language of colorblindness that Roberts and Thomas use to make their argument comes directly from Justice John Marshall Harlan's lonely dissent in Plessy v. [read post]
17 Jul 2023, 8:32 am by Eric Goldman
Although it was a unanimous judgment, Alito was joined by just four other Justices (Thomas, Gorsuch, Kavanaugh, and Jackson). [read post]
13 Jul 2023, 5:51 pm by Orin S. Kerr
All of this is a wind-up to say that, last week, the Maryland Supreme Court ruled on both questions in considerable detail in an important new case, State v. [read post]
13 Jul 2023, 3:43 am by SHG
The second is that Judge Terry Doughty’s injunction in Missouri v. [read post]