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10 Nov 2020, 2:05 pm
’” Sotomayor, along with Justices Elena Kagan and Brett Kavanaugh, seemed skeptical about this reading of the statute, with Kavanaugh again pointing out that “the key problem for you is [that the statute] says ‘any action,’ not ‘any claims. [read post]
9 Nov 2020, 9:00 am
Although Justices Clarence Thomas and Neil Gorsuch seem ready to “junk” this “settled severability doctrine,” no other justice has suggested any willingness to bite. [read post]
4 Nov 2020, 1:27 pm
The four remaining justices – Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito – would have ruled that the mandate was unconstitutional and would have invalidated the entire ACA. [read post]
3 Nov 2020, 5:33 pm
Is it that “anything short of just pressing the send button” is nonfinal, as Justice Clarence Thomas asked? [read post]
28 Oct 2020, 9:01 pm
Gore litigation—Chief Justice William Rehnquist joined by Justices Antonin Scalia and Clarence Thomas—that is the modern font of this notion that elected state legislatures are protected from interference by other state bodies with regard to regulation of federal elections. [read post]
26 Oct 2020, 8:34 pm
In a ceremony at the White House shortly after the vote, Justice Clarence Thomas administered the constitutional oath, one of the two oaths that Barrett must take. [read post]
22 Oct 2020, 11:25 am
Adam Cohen spends a lot of time on this moment in his recent book and I think he’s right to weight it so heavily.A key escalation was Reagan’s nomination of Robert Bork. [read post]
2 Oct 2020, 5:32 pm
The New York Times used in several months earlier. 214: Re Clarence Thomas: "his work as an activist got him into fancy schools. [read post]
1 Oct 2020, 9:01 pm
On November 10, the Supreme Court will hear argument in California v. [read post]
29 Sep 2020, 12:30 pm
Abbott, Ginsburg wrote for a unanimous court (with Justices Clarence Thomas and Samuel Alito concurring in the judgment and writing separately) that a state engaging in redistricting could create districts with equal numbers of people in them rather than equal numbers of eligible voters. [read post]
25 Sep 2020, 7:46 am
” There have been no other public defections from McConnell’s plan, and several key moderate Republicans have indicated they support proceeding to a vote this year. [read post]
19 Sep 2020, 7:05 am
Let's grill him about what he did to Robert Bork and Clarence Thomas. [read post]
15 Sep 2020, 7:32 am
Shapiro: I would trace the corruption to what legal scholars call the “constitutional revolution of 1937,” but that goes beyond that year’s key cases of West Coast Hotel v. [read post]
14 Sep 2020, 11:32 am
But these succession issues have gained a more public profile after the Government Accountability Office (GAO), a watchdog that works for Congress, issued a legal opinion in August dinging key personnel moves as illegal. [read post]
14 Sep 2020, 9:03 am
” The key point was that all eligible voters in the same election were entitled to have their ballots treated equally in the counting process. [read post]
5 Aug 2020, 2:52 pm
This may be attributable to a complicated mix of factors, but there is little doubt that the lack of permanent leadership—individuals confirmed by the Senate—and the installation of Trump loyalists in key positions throughout the agency plays an important role. [read post]
3 Aug 2020, 9:01 pm
Thanks to President Trump, the Court now has a conservative, religious majority—which is composed of four Catholic men (Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh) and Justice Neil Gorsuch, who is apparently Episcopalian. [read post]
31 Jul 2020, 8:03 am
. *** Without taking any particular side, ToxicDocs will provide an empirical base for informed policy debates that are grounded in key historical records. [read post]
28 Jul 2020, 7:33 am
The Obama-era DOJ used the same findings in NFIB to argue that the 2010 Congress likely viewed two key insurance provisions (but not more) as linked to the mandate. [read post]
16 Jul 2020, 9:00 pm
Because our system is based primarily on employer-based health insurance, the key determinant of access is whether employer-based plans provide coverage. [read post]
