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12 Mar 2012, 12:41 pm
To discuss the case, we have Thomas Merrill, who is the Charles Evans Hughes Professor of Law at Columbia Law School. [read post]
12 Mar 2012, 8:13 am
In December 1833, the American Monthly Review commented on a newly published book by Joseph Story. [read post]
12 Mar 2012, 6:57 am
(Scalia, with Justices Kennedy and Thomas, have the distinction of also being in the majority of another of high court's low points, Citizens United.) [read post]
9 Mar 2012, 2:20 pm
Justice Thomas, of course, is just one guy. [read post]
9 Mar 2012, 1:39 pm
Justices Scalia, Kennedy, Thomas, Breyer, and Alito joined the majority opinion. [read post]
9 Mar 2012, 1:13 pm
(Significantly, Justice Kennedy, in his concurring opinion in Comstock, recently advocated a heightened rational basis scrutiny in Commerce Clause cases.) [read post]
9 Mar 2012, 10:58 am
Chief Justice Roberts and Justices Scalia, Kennedy, Alito, and Kagan joined Justice Thomas’ opinion. [read post]
8 Mar 2012, 2:16 pm
Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, and Kagan joined Justice Alito’s opinion. [read post]
7 Mar 2012, 12:04 pm
Justices Kennedy, Ginsburg, Sotomayor and Kagan joined Justice Breyer’s opinion. [read post]
7 Mar 2012, 2:14 am
Justice Thomas, writing for the majority applied the precedent to the plaintiffs' claim, which would not have even been scientifically recognizable when the statute was passed. [read post]
The Problem with Affirmative Action After Grutter: Some Reflections on Fisher v. University of Texas
6 Mar 2012, 8:30 pm
for a 4-4 split – with Justices Breyer, Ginsburg, Sotomayor, and Kennedy on one side and Justices Alito, Roberts, Scalia, and Thomas on the other. [read post]
5 Mar 2012, 9:38 pm
Second, get the vote of Justice Thomas – that’s right, Justice Thomas. [read post]
2 Mar 2012, 8:07 am
After all, the majority opinion was delivered by Chief Justice Roberts, and joined by Justices Scalia, Kennedy, Thomas, and Alito. [read post]
29 Feb 2012, 9:00 pm
Justice Clarence Thomas, a G.H.W. [read post]
29 Feb 2012, 11:17 am
Justice Thomas wrote the majority opinion, joined by Chief Justice Roberts and Justices Scalia, Kennedy, Alito and Kagan. [read post]
29 Feb 2012, 6:51 am
” John Gibeaut at the ABA Journal discusses the calls for Justices Thomas and Kagan to recuse themselves from the challenges to the Affordable Care Act and concludes that even after next month’s arguments in the case, “the debate will likely continue. [read post]
Fisher v. University of Texas, Justice Kennedy, and the Text and History of the Fourteenth Amendment
28 Feb 2012, 1:40 pm
Bollinger, which upheld a similar policy adopted by the University of Michigan Law School by a 5-4 vote over the dissents of Justices Anthony Kennedy, Antonin Scalia, and Clarence Thomas, and then-Chief Justice William Rehnquist. [read post]
28 Feb 2012, 7:46 am
First, neither Justice Clarence Thomas nor Justice Anthony Kennedy asked a question. [read post]
28 Feb 2012, 3:10 am
I don’t want to recount the details of the ATS, but rather want to focus on a very particular issue: the analytical sleight-of-hand that Justices Scalia and Thomas, and presumably Justices Roberts, Alito, and Kennedy, will likely use to deny victims of human rights abuse a right to civil redress granted to them at the very beginning of our nation. [read post]
28 Feb 2012, 3:00 am
Kennedy. [read post]
