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11 Dec 2023, 8:32 am
Justices Clarence Thomas and Samuel Alito both penned dissents from the court’s denial of review. [read post]
11 Dec 2023, 6:51 am
Ferguson, No. 22–942, Justices Clarence Thomas and Samuel A. [read post]
10 Dec 2023, 9:02 pm
Clarence Thomas, perhaps demonstrating his own loyalty to the organization – if not gratitude for the largess of benefactors – suggested in his concurring decision overturning Roe that the Court reconsider a variety of due process precedents, including cases involving access to contraception and the right for same-sex couples to marry.Justice O’Connor’s retirement from the Supreme Court to care for her ailing husband marked a turning point for the Court. [read post]
5 Dec 2023, 9:01 pm
United States, four Justices expressly stated their eagerness to revisit the intelligible principle test, which Justice Neil Gorsuch, writing in a dissent joined by Chief Justice John Roberts and Justice Clarence Thomas, said “has no basis in the original meaning of the Constitution” or pre-New Deal history.Meanwhile, in another line of recent cases, the Court has used the “major questions” doctrine to accomplish as a matter of statutory interpretation much of the… [read post]
5 Dec 2023, 1:08 pm
” Justice Clarence Thomas would not have dismissed the case on the ground that the case was moot, noting that the hotel had spent “significant time and resources fully briefing a question that will now go unanswered” and observing that “the circumstances strongly suggest strategic behavior on Laufer’s part” in dismissing the case in the lower court. [read post]
5 Dec 2023, 1:04 pm
” Justice Clarence Thomas asked whether Congress could tax an increase in the value of real estate, while Justice Neil Gorsuch asked about the possibility of a tax on retirement investment accounts, which millions of Americans hold. [read post]
5 Dec 2023, 7:04 am
Justices Clarence Thomas and Ketanji Brown Jackson issued opinions concurring in the judgment. [read post]
5 Dec 2023, 5:58 am
[Bloomberg Law News] * Meanwhile, The Onion has coverage of how Clarence Thomas is approaching this case. [read post]
5 Dec 2023, 5:16 am
Here’s the Tuesday morning read: Supreme Court split on whether the Sackler family can be sued over opioid crisis (John Fritze, USA Today) One Supreme Court Case Could Mess Up Chunks of the Tax Code (Richard Rubin & Jess Bravin, The Wall Street Journal) Switchblade Ban Stymies Judges Grappling With Right to Bear Arms (Allie Reed, Bloomberg Law) Clarence Thomas’ Benefactors Finally Face the Music (David Janovsky & Sarah Turberville, Slate) Two new Supreme Court cases ask… [read post]
4 Dec 2023, 3:06 pm
Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. [read post]
4 Dec 2023, 2:49 pm
Staab, Limits of Constraint: The Originalist Jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas (2022). 4. [read post]
4 Dec 2023, 1:42 pm
ShareIt has been 27 years since the prescription opioid OxyContin first came on the market. [read post]
3 Dec 2023, 5:29 am
Just last week, Justice Clarence Thomas authored what appears to be the first ever opinion (a dissent from the denial of review) on the question of the propriety of preclusion in the context of another procedural vehicle that has been repurposed in modern times to serve as a method of mass aggregation and settlement — multidistrict litigation. [read post]
1 Dec 2023, 7:23 am
ShareSandra Day O’Connor, a self-described “Arizona cowgirl” who made history as the first woman to serve as a Supreme Court justice, died on Friday in Phoenix, Arizona. [read post]
30 Nov 2023, 4:50 am
Justice Clarence Thomas wrote an opinion dissenting from the denial of certiorari, arguing that it “seems illogical and unfair” to relax the common-law requirement that collateral estoppel bind litigants in later litigation only when both parties are the same. [read post]
30 Nov 2023, 4:28 am
Justice Clarence Thomas, for example, has staked out a position in prior cases that the “public rights” doctrine – the idea that agencies can adjudicate “public” rights without a jury – cannot apply to any matter depriving an individual of property, so it would be surprising if he accepted the government’s argument here. [read post]
29 Nov 2023, 5:10 pm
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch – two votes shy of the threshold needed for emergency relief – indicated that they would have granted the parents’ request. [read post]
29 Nov 2023, 10:07 am
But there have been legal challenges along the way, the most recent of which was prompted by Justice Clarence Thomas’ dissent earlier this year in United States ex rel. [read post]
22 Nov 2023, 5:34 pm
The post “Clarence Thomas has a beef with bellwether trials in mass tort cases” appeared first on How Appealing. [read post]
22 Nov 2023, 6:32 am
The red flags about the undisclosed financial transactions of Justice Clarence Thomas with Republican billionaire Harlan Crow are raising eyebrows and a call for ethical standards and rules. [read post]
