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6 Jun 2023, 8:29 am
” Justice Brett Kavanaugh also addressed the issue, noting: “Natural barriers such as berms and dunes do not block all water flow and are in fact evidence of a regular connection between a water and a wetland. [read post]
6 Jun 2023, 8:29 am
” Justice Brett Kavanaugh also addressed the issue, noting: “Natural barriers such as berms and dunes do not block all water flow and are in fact evidence of a regular connection between a water and a wetland. [read post]
6 Jun 2023, 8:29 am
” Justice Brett Kavanaugh also addressed the issue, noting: “Natural barriers such as berms and dunes do not block all water flow and are in fact evidence of a regular connection between a water and a wetland. [read post]
5 Jun 2023, 12:29 pm
Justice Sonia Sotomayor wrote an opinion concurring in part, which was joined by Justice Elena Kagan; Chief Justice John Roberts wrote an opinion concurring in part and dissenting in part that was joined by Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson. [read post]
2 Jun 2023, 9:59 am
In a decision by Justice Amy Coney Barrett that was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh, the court held that Glacier could sue the union in state court for damages because the Teamsters’ strike was not even arguably protected by the NLRA. [read post]
1 Jun 2023, 11:56 am
Justice Brett Kavanaugh had proposed the following hypothetical: “At the time, you have three different interpretations possible, and one’s clearly safe, one’s a little more aggressive, and the third’s really aggressive, but you still think it’s reasonable, and you go with that third one, and it’s later – [the courts] don’t agree later on, so it’s ‘false. [read post]
1 Jun 2023, 9:02 am
Justice Amy Coney Barrett wrote the majority opinion, which Chief Justice John Roberts, Justices Sonia Sotomayor, Elena Kagan and Brett Kavanaugh joined. [read post]
1 Jun 2023, 6:00 am
Justice Brett Kavanaugh wrote on behalf of the majority. [read post]
26 May 2023, 1:33 pm
BY MARK JOSEPH STERN On Thursday, the Supreme Court dealt a devastating blow to the nation’s wetlands by rewriting a statute the court does not like to mean something it does not mean. [read post]
25 May 2023, 8:40 am
” Four justices – Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson – agreed that the CWA does not apply to the wetlands on the Sacketts’ lot, but they disagreed with the majority’s reasoning. [read post]
22 May 2023, 9:01 pm
” Even the most committed textualist should find that laughable.To be fair, Klein frames that discussion as a matter of asking what three arch-conservative Supreme Court justices—John Roberts, Brett Kavanaugh, and Neil Gorsuch—might be convinced to endorse, and he notes later in the essay that this Supreme Court has shown us that once-nutty arguments are no longer off the table.Even so, when Klein turns his attention to the second argument, this is his transition… [read post]
18 May 2023, 9:01 pm
Justice Brett Kavanaugh echoed those warnings in his separate opinion concurring in part and dissenting in part. [read post]
18 May 2023, 8:01 am
Justice Brett Kavanaugh stayed the decision pending Supreme Court review; the FDIC opposed the stay on the issue of the removal restrictions, although not on the remand issue. [read post]
15 May 2023, 1:00 pm
While the full Court denied certiorari to these cases, the order list notes that Associate Justice Brett Kavanaugh would have granted cert to these three petitions. [read post]
15 May 2023, 1:00 pm
While the full Court denied certiorari to these cases, the order list notes that Associate Justice Brett Kavanaugh would have granted cert to these three petitions. [read post]
11 May 2023, 11:35 am
Justice Sonia Sotomayor wrote an opinion concurring in part that was joined by Justice Elena Kagan, while Chief Justice John Roberts wrote an opinion concurring in part and dissenting in part that was joined by Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson. [read post]
10 May 2023, 7:48 pm
Then-circuit judge Brett Kavanaugh dissented. [read post]
7 May 2023, 6:00 am
Two others Justices, Samuel Alito, and Brett Kavanaugh have called themselves originalists and are receptive to originalist arguments, although seem to be open to arguments that precedent should prevail over original meaning, at least in some categories of cases. [read post]
4 May 2023, 4:00 am
This paragraph taken from a Bloomberg article is a tad chilling:The Federalist Society’s Antonin Scalia Memorial Dinner held Thursday night in Washington’s Union Station attracted a crowd of hundreds, including Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh.... [read post]
3 May 2023, 5:36 am
Circuit, Brett Kavanaugh was an outspoken critic of the doctrine In a 2017 speech, Justice Samuel Alito said the result of Chevron deference has been “a massive shift of lawmaking from the elected representatives of the people to unelected bureaucrats. [read post]
