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Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA. [read post]
11 Jun 2021, 2:33 pm by Amy Howe
Unlike her colleagues, two of the trips reported by the court’s newest justice, Amy Coney Barrett, involved travel to Washington, D.C., while she was serving as a federal appeals court judge in Indiana: Barrett came to Washington in January to judge a moot court competition at George Washington University and returned in February to serve as a judge for the Shakespeare Theatre Company’s mock trial of Peter Pan. [read post]
7 Jun 2021, 11:32 am by Ilya Somin
But I think there's a good chance it might come from Chief Justice John Roberts, Neil Gorsuch, or Amy Coney Barrett. [read post]
7 Jun 2021, 3:22 am by Marcia Coyle
The views of the newest justices—Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—are untested. [read post]
4 Jun 2021, 11:57 am by Geoff Schweller
“The issue before the Court was critically important to whistleblowers,” explained Stephen M. [read post]
3 Jun 2021, 8:16 am by Ronald Mann
” The six-justice majority consisted of three conservatives (Justices Neil Gorsuch, Brett Kavanaugh and Barrett) and the court’s three liberals (Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan). [read post]
13 May 2021, 8:59 am by Kalvis Golde
(Barrett’s sample size, however, is smaller than the other justices. [read post]
7 May 2021, 3:11 pm by Ekow Yankah
Perhaps most noteworthy were the questions from an increasingly frustrated Justice Stephen Breyer, whose queries painted him as a swing vote. [read post]
2 May 2021, 12:58 pm by Jayesh Rathod
An unusual alliance of justices joined Gorsuch: the court’s three liberals – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – as well as two other conservatives – Justices Clarence Thomas and Amy Coney Barrett. [read post]
2 May 2021, 9:59 am by Mark Latham
” Justice Stephen Breyer was perhaps the most skeptical about New Jersey’s position. [read post]
30 Apr 2021, 11:55 am by Emily Hammond
Justice Stephen Breyer asked Keisler about congressional intent, emphasizing that it appeared to be a scheme designed to ensure increasing levels of compliance over time. [read post]
29 Apr 2021, 7:56 pm by Tom Smith
Siding with him were liberal Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer, as well as conservatives Amy Coney Barrett and Clarence Thomas. [read post]
29 Apr 2021, 7:43 am by Jayesh Rathod
Gorsuch’s majority opinion was joined by the court’s three liberals – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – as well as two other conservatives – Justices Clarence Thomas and Amy Coney Barrett. [read post]
28 Apr 2021, 8:03 pm by Jennifer Koh
Justice Stephen Breyer drew a comparison to the criminal context, asking whether anomalous results follow given that someone who is convicted of an offense that the courts later determine the government had no power to criminalize can seek a remedy via habeas review, but that in this case, a person was “put in jail. [read post]
28 Apr 2021, 12:28 pm by Amy Howe
Justice Stephen Breyer described Levy’s snap as using “unattractive swear words” off campus. [read post]