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27 Jun 2011, 10:11 am by David Kravets
That didn’t stop the Supreme Court from upholding the 9th U.S. [read post]
20 Jan 2022, 12:04 pm by Elizabeth McElvein, Benjamin Wittes
Don’t look now, but the law of executive privilege has undergone a substantial shift. [read post]
17 Jun 2021, 7:30 am by Sandy Levinson
  One doesn’t have to be a devotee of law and economics in order to recognize the reality that we are in fact forced to live within restraints generated by the scarcity of resources. [read post]
23 Jul 2019, 9:06 am by David A. Martin
  Some critics have scoffed at Roberts’s census ruling, hoping along with Justice Clarence Thomas in his dissent that it is “a ticket good for this day and this train only. [read post]
1 Feb 2022, 9:01 am by Jed Handelsman Shugerman
Justices Anthony Kennedy, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh have similarly explained how the separation of powers protects liberty. [read post]
30 Jun 2017, 9:30 am
Justices Clarence Thomas and Gorsuch would have gone further than the majority, requiring the state to fund even direct religious practices where it funds similar non-religious practices. [read post]
25 Apr 2018, 11:01 am by Chimène Keitner
(Part II-A of Kennedy’s opinion, joined by Chief Justice John Roberts and Justice Clarence Thomas, strongly suggests that international law itself must provide for corporate liability, but indicates that “the Court need not resolve” that question.) [read post]
27 Oct 2023, 5:00 am by Eric Segall
Even if the original meaning of any constitutional provision barred or didn't bar a modern statute dealing with public school education, a judge wanting to depart from that application could easily find changed facts to justify the departure. [read post]
10 Jul 2024, 6:00 am by Neil H. Buchanan
  You don't care about the people who would be hurt by a fascist regime. [read post]
11 Aug 2023, 4:00 am by Jim Sedor
The criticism stems from expensive trips taken years ago by Justices Clarence Thomas and Samuel Alito Jr. underwritten by wealthy business executives and not disclosed in required annual financial reports. [read post]
18 Nov 2019, 1:25 pm by Amy Howe
In February 2018, that reluctance prompted Justice Clarence Thomas to dissent from the court’s announcement that it would not review a challenge to California’s 10-day waiting period for gun purchases. [read post]
2 Jul 2024, 12:29 pm by Ben Sperry
The concurrence from Justice Samuel Alito (joined by Justices Clarence Thomas and Neil Gorsuch) only joins the judgment that “NetChoice failed to prove that the Florida and Texas laws they challenged are facially unconstitutional. [read post]