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30 Mar 2012, 12:45 pm
As is his usual practice, Justice Thomas was silent at the oral arguments. [read post]
30 Mar 2012, 9:55 am
Justice Scalia, joined by the Chief Justice and Justices Thomas and Alito, filed a dissenting opinion. [read post]
30 Mar 2012, 7:07 am
Posner of the U.S. 7th Circuit Court of Appeals, based on statistical analysis of Supreme Court oral arguments from 2004 through 2007.Their conclusion: "The number of questions and the total words in question ... provide a reasonable predictor of most Justices' votes," the clearest exception being Justice Clarence Thomas who, alone among his colleagues, almost never speaks during the court's arguments.The least predictable member of the court in their study? [read post]
29 Mar 2012, 9:56 pm
As usual, however, Justice Clarence Thomas sat silent throughout the historic arguments, as is his custom.Like so many crucial SCOTUS votes, this case may come down to Justice Kennedy. [read post]
29 Mar 2012, 11:30 am
The silence award goes to Justice Clarence Thomas, with his usual zero. [read post]
29 Mar 2012, 8:43 am
And Justice Kennedy, a little more mixed, but he said, for example, in challenging the individual mandate argument. [read post]
29 Mar 2012, 1:30 am
Given some of the easy laughs that the justices got, it tells me that Justices Alito, Ginsberg, and Thomas aren't even trying to be funny. [read post]
28 Mar 2012, 9:37 pm
State Police Sergeant Thomas Medeiros said that they probably figured that since it was March, they could just visit the property and poke around without incident. [read post]
28 Mar 2012, 5:33 pm
The inferences must be controlled by some limitations lest, as Thomas Jefferson warned, congressional powers become completely unbounded by linking one power to another ad infinitum in a veritable game of “ ‘this is the house that Jack built.’ ” Letter from Thomas Jefferson to Edward Livingston (Apr. 30, 1800), 31 The Papers of Thomas Jefferson 547 (B. [read post]
28 Mar 2012, 3:56 pm
If, as would be expected, Thomas wound up voting with the latter four, that could make a majority to give some new life to the states’ rights theory that Clement was pressing. [read post]
28 Mar 2012, 3:03 pm
ANTHONY KENNEDY, associate justice, U.S. [read post]
28 Mar 2012, 2:22 pm
Justice Thomas maintained his by now time-honored tradition of not asking any questions during the oral argument (those same pundits fairly unanimously predict Thomas will vote to strike down the individual mandate). [read post]
28 Mar 2012, 8:04 am
Kennedy and Ginsburg joined. [read post]
28 Mar 2012, 7:38 am
Justice Breyer, joined by Justices Kennedy and Ginsburg, dissented. [read post]
28 Mar 2012, 5:55 am
It should not also require the blessing of Anthony Kennedy. [read post]
28 Mar 2012, 3:00 am
The arguments suggest that the Roberts Court may continue down its path mimicking the Supreme Court of one hundred years ago--sticking to an outdated and distorted view of the Constitution framed by a radical right majority on the Court (comprised of Roberts, Alito, Thomas, Scalia and often Kennedy) and unsuited to the real challenges that our society faces today. [read post]
27 Mar 2012, 4:14 pm
(The fifth member of the Court’s more conservative Justices, Justice Clarence Thomas did not ask any questions.) [read post]
27 Mar 2012, 3:03 pm
ANTHONY KENNEDY, associate justice, U.S. [read post]
27 Mar 2012, 2:41 pm
Somewhat later, Kennedy said again that he was concerned. [read post]
27 Mar 2012, 2:41 pm
Justice Scalia’s unrelenting hostility and Justice Thomas’s past decisions on the Commerce Clause eliminate them. [read post]
