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28 Apr 2020, 4:20 am
” At Vox, Ian Millhiser writes that the lopsided ruling suggests “that most of the Supreme Court is fully capable of separating their personal political views from what the law requires in an Obamacare-related case. [read post]
27 Apr 2020, 11:00 pm
This is, once again, a deliberately high threshold which is rarely applied; the authoritative English text on limitation, McGee on Limitation Periods (8th ed), provides (at para 25-027) that ‘[j]udges should be very slow indeed to substitute their views for the views of a foreign legislature’. [read post]
27 Apr 2020, 11:21 am
Thomas further explained his viewed in footnote 6, which Justice Breyer dissented from: Understanding the reasoning that animates the rule in turn provides pivotal insight into how the law will likely be applied in future judicial opinions.6 6For instance, this Court has not overruled Lemon v. [read post]
27 Apr 2020, 9:47 am
In his view, the transport ban involves the same “core Second Amendment right” at the heart of the court’s 2008 decision in District of Columbia v. [read post]
27 Apr 2020, 5:00 am
”“In my view, artful pleadings cannot form the basis of imposing a duty to defend,” Mundy said. [read post]
27 Apr 2020, 4:19 am
Because of that finding, and in view of Second Circuit precedent requiring a finding of willfulness for an award defendant’s profits, the district court refused to award to Fossil’s profits, and the court of appeals affirmed.SUPREME COURT DECISIONIn an opinion by Justice Gorsuch, the Supreme Court vacated the court of appeals’ decision. [read post]
24 Apr 2020, 2:41 pm
Thomas, ___ F. [read post]
24 Apr 2020, 12:04 pm
Supreme Court Holding The Supreme Court rejected both the Ninth Circuit’s “fairly traceable” test and the EPA’s current view that discharges via groundwater are entirely exempt, characterizing both as too extreme. [read post]
24 Apr 2020, 8:30 am
The views expressed herein are solely those of the author. [read post]
24 Apr 2020, 7:40 am
Many have expressed support for the exonerees featured in the series — Kennedy Brewer, Levon Brooks, Keith Harward, Franky Carrillo, Thomas Haynesworth, Chester Hollman II, Kenneth Wyniemko and Alfred Dewayne Brown. [read post]
23 Apr 2020, 4:09 pm
Justice Clarence Thomas dissented, joined by Justice Neil Gorsuch, and Justice Samuel Alito issued his own dissent. [read post]
23 Apr 2020, 1:08 pm
Justice Thomas concurred in the judgment, noting his agreement that the requirement for a unanimous jury verdict applies to the states, but under his own view that it applies through the Fourteenth Amendment Privileges or Immunities Clause, not the Due Process Clause. [read post]
23 Apr 2020, 11:05 am
Among other things, the two opinions disagree on the import of the words "any" and "addition," and (in Justice Alito's view) this could lead to Justice Thomas's interpretation excluding some discharges that should be covered under the Act. [read post]
23 Apr 2020, 10:24 am
Although that state might be conceived, along lines laid out by Romans 13:1, as the creation of the true super-Sovereign God, a view argued vigorously by Charles I, among others, before he went to the scaffold during the English Revolution, Thomas Hobbes realized that the mythic "popular sovereign" could be viewed as authorizing an all-powerful monarch in the belief that that would indeed supply the security that the demos craved. [read post]
22 Apr 2020, 9:01 pm
Joining Justice Gorsuch in the majority were Justices Thomas, Ginsburg, Breyer, Sotomayor, and Kavanaugh, although Justice Thomas did not join any of Justice Gorsuch’s opinion and Justices Sotomayor and Kavanaugh each joined only in part. [read post]
22 Apr 2020, 6:30 pm
Thomas has a post on the symposium at his blog. [read post]
22 Apr 2020, 6:35 am
” In a new article with Thomas Scott Railton in the Georgetown Law Journal, I take that idea further-- detailing a decade of an unprecedented number of challenges to a law that has been uniquely and stunningly resilient. [read post]
21 Apr 2020, 10:09 am
In this episode, I interview Thomas Rid about his illuminating study of Russian disinformation, Active Measures: The Secret History of Disinformation and Political Warfare. [read post]
21 Apr 2020, 9:11 am
The dissent’s view: ceding core judicial powers For everyone interested in the big picture (constitutional and administrative law aficionados, I’m talking to you now!) [read post]
21 Apr 2020, 7:09 am
Kavanaugh filed a concurring opinion that focused on his views on the application of stare decisis to this case.... [read post]
