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13 Jul 2020, 1:09 pm
For that matter, Justice Thomas’s concurring opinion, with which Justice Gorsuch joined, reiterated the “view that the Religion Clauses require civil courts to defer to religious organizations’ good-faith claims that a certain employee’s position is ‘ministerial. [read post]
13 Jul 2020, 10:00 am
DeoProfessor of Law, Thomas Jefferson School of Law and Director,Law School Survey of Student Engagement (LSSSE) Doron DorfmanAssociate Professor of Law, Syracuse University College of Law Sheila R. [read post]
13 Jul 2020, 8:20 am
He also influenced Thomas Jefferson’s famous promises in the Declaration of Independence. [read post]
13 Jul 2020, 6:30 am
It is for this reason that the doctrine fell out of favor with the Rehnquist Court and was essentially abandoned in the mid-1990s (Justice Thomas penning its demise in Harper v. [read post]
13 Jul 2020, 3:00 am
” The Wall Street Journal editorial board takes a different view, arguing that the case “shows how Justice Neil Gorsuch’s textualist jurisprudence is careening in some odd directions. [read post]
12 Jul 2020, 11:07 am
Thomas Key looked at the judgement. [read post]
11 Jul 2020, 1:30 pm
In both cases, Chief Justice John Roberts wrote the majority opinion, with Justices Samuel Alito and Clarence Thomas dissenting. [read post]
10 Jul 2020, 5:21 pm
In Roberts’s view, this standard is inappropriate for three reasons. [read post]
10 Jul 2020, 5:21 pm
Justices Clarence Thomas and Samuel Alito both penned dissents. [read post]
10 Jul 2020, 11:35 am
Parker, the Court, in a short, straightforward opinion by Justice Thomas, applied this test to Omaha Reservation in Nebraska. [read post]
10 Jul 2020, 9:18 am
And taking that view, Thursday’s rulings mark a full repudiation of Trump’s monarchic view of the presidency. [read post]
9 Jul 2020, 4:15 pm
” He discusses those at some length, but, as with allotment, his overarching view is that the various “laws represented serious blows to the Creek … [b]ut, just as plainly, … left the Tribe with significant sovereign functions over the lands in question. [read post]
9 Jul 2020, 4:08 pm
Mazars, featured the same 7-2 voting pattern, with Thomas and Alito dissenting again. [read post]
9 Jul 2020, 1:49 pm
The article criticizes some aspects of the majority opinion and Justice Thomas' dissent, and outlines a better way to limit Congress' power to subpoena documents. [read post]
9 Jul 2020, 1:27 pm
The court understandably and rightly rejected both the president’s extreme view that such subpoenas are almost never enforceable and the House of Representatives’ position that the subpoena power is virtually unlimited. [read post]
9 Jul 2020, 12:03 pm
” “USDA itself has acknowledged that higher line speeds contribute to more foodborne illness risk,” said Thomas Gremillion, director of food policy at Consumer Federation of America. [read post]
9 Jul 2020, 3:53 am
” James Phillips at PrawfsBlawg explores the “warring views” on the religion clauses revealed by Justice Elena Kagan’s approach to the two cases. [read post]
8 Jul 2020, 11:06 am
” Justice Clarence Thomas filed a concurring opinion that was joined by Justice Neil Gorsuch. [read post]
8 Jul 2020, 9:39 am
And both their schools expressly saw them as playing a vital part in carrying out the mission of the church, and the schools’ definition and explanation of their roles is important.Justice Thomas, joined by Justice Gorsuch, filed a concurring opinion, saying in part:I write separately, however, to reiterate my view that the Religion Clauses require civil courts to defer to religious organizations’ good-faith claims that a certain employee’s position is… [read post]
8 Jul 2020, 8:19 am
(Here's where we discussed the letter yesterday.)From the NYT article:[T]he letter... spearheaded by the writer Thomas Chatterton Williams, began taking shape about a month ago.... [read post]