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28 Jun 2018, 11:32 am
That sworn allegiance does not apply to the Fourth Amendment of the Constitution. [read post]
28 Jun 2018, 8:00 am
The most recent, startling example is Chief Justice John Roberts’ pronouncement in his 5-4 majority opinion in Trump v. [read post]
28 Jun 2018, 5:19 am
Trump (@realDonaldTrump) June 26, 2018 Less expected, tucked into Chief Justice John Roberts’s majority opinion, was the court’s condemnation of Korematsu v. [read post]
28 Jun 2018, 3:09 am
In 2008, the majority in a 5-4 decision said in District of Columbia v. [read post]
27 Jun 2018, 2:33 pm
O’Connor wrote for the majority, in an opinion joined by Souter and Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer. [read post]
27 Jun 2018, 2:04 pm
This court generally does not consider arguments raised for the first time on appeal unless the party shows "extraordinary circumstances"—that "the issue . . . is a pure question of law and a miscarriage of justice would result from our failure to consider it. [read post]
27 Jun 2018, 1:08 pm
After his death, however, the court split 4-4, so the judgment of the lower court was affirmed. [read post]
With Carpenter v. United States, Supreme Court Edges Fourth Amendment Doctrine into the 21st Century
27 Jun 2018, 12:25 pm
It does not express a view on matters not before the Court; does not disturb the application of Smith and Miller or call into question conventional surveillance techniques and tools, such as security cameras; does not address other business records that might incidentally reveal location information; and does not consider other collection techniques involving foreign affairs or national security. [read post]
With Carpenter v. United States, Supreme Court Edges Fourth Amendment Doctrine into the 21st Century
27 Jun 2018, 12:25 pm
It does not express a view on matters not before the Court; does not disturb the application of Smith and Miller or call into question conventional surveillance techniques and tools, such as security cameras; does not address other business records that might incidentally reveal location information; and does not consider other collection techniques involving foreign affairs or national security. [read post]
27 Jun 2018, 11:49 am
As a current illustration of his key role, there were 17 decisions in the just-ended term that were decided by 5-to-4 votes, and Kennedy was in the majority on every one of them. [read post]
27 Jun 2018, 11:46 am
But the statute does not use the word in its usual sense. [read post]
26 Jun 2018, 3:32 pm
The court’s traditional deference to the president on foreign affairs and national security drove the 5-4 decision, in which Chief Justice John Roberts (joined by Justices Anthony Kennedy, Clarence Thomas, Samuel Alito and Neil Gorsuch) rejected both statutory and constitutional challenges to Proclamation No. 9645, which followed two executive orders. [read post]
26 Jun 2018, 2:02 pm
Today the Supreme Court issued a 5-4 decision in Trump v. [read post]
26 Jun 2018, 1:44 pm
Chief Justice John G. [read post]
26 Jun 2018, 12:44 pm
In a 5-4 decision written by Chief Justice John Roberts, the justices largely upheld President Donald Trump's "proclamation" banning nearly all entry into the United States by citizens of five Muslim-majority nations. [read post]
26 Jun 2018, 11:18 am
In a 5-4 decision, with the majority opinion authored by Chief Justice John Roberts, the Supreme Court issued two core holdings: (a) that the latest ban does not exceed the president’s authority under the Immigration and Nationality Act (INA); and (b) that ban does not violate the Establishment Clause of the Constitution. [read post]
26 Jun 2018, 10:30 am
It's actually a 6-3 decision--and Justice Gorsuch's rationale might be even broader than the Chief Justice'sThe decision has widely been described as a 5-4 split, with the Chief Justice joining the four more liberal Justices. [read post]
26 Jun 2018, 9:11 am
But Section 1152(a)(1)(A) does not, Roberts stressed, limit the president’s ability to block the entry of nationals of some countries. [read post]
26 Jun 2018, 7:55 am
Roberts, Jr., wrote for the majority in the 5-to-4 ruling. [read post]
25 Jun 2018, 5:39 pm
John Elwood provides his best guess about October Term 2017’s last relists. [read post]
