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9 Nov 2011, 9:10 pm
These are the cases that are ready for the Justices, in the order in which they were filed: Thomas More Law Center, et al., v. [read post]
9 Nov 2011, 4:52 am
Maybe Thomas would dissent. [read post]
9 Nov 2011, 4:43 am
My own tentative view is more nearly the opposite of Justice Thomas's. [read post]
8 Nov 2011, 5:10 pm
JUSTICE KENNEDY: I just have to agree with Justice Ginsburg....I just can't believe that.... [read post]
8 Nov 2011, 11:35 am
Thomas More, 651 F.3d at 560–61 (Sutton, J., concurring). [read post]
8 Nov 2011, 8:09 am
” Representing petitioners Akio and Fusako Kawashima was Thomas J. [read post]
7 Nov 2011, 3:00 pm
Justice Kennedy did not join that part of the PLIVA opinion, so the presumption has yet to be disavowed and seemingly has the support of five Justices. [read post]
3 Nov 2011, 12:10 pm
Casey, the abortion case, is an obvious example, where Justices Souter and Kennedy and O’Connor ended up writing a joint opinion. [read post]
3 Nov 2011, 11:53 am
© Max Kennerly. [read post]
3 Nov 2011, 6:37 am
Given DOMA’s unprecedented intrusion into the states’ domestic-relations sphere, I would expect a staunch federalism buff such as Thomas vote to strike it down, alongside Kennedy and the four “liberal” Justices (perhaps in a separate concurrence that stresses federalism and eschews the Romer rationale). [read post]
1 Nov 2011, 7:44 am
The prosecution and defense gave their closing arguments Monday in the trial of Russian businessman Viktor Bout, accused of agreeing with pretend FARC members to sell weapons to be used against the U.S. in Colombia. [read post]
1 Nov 2011, 6:26 am
Justice Thomas has proven unwilling to compromise on the Establishment making a plurality opinion the best option available, assuming – and these are big assumptions – (1) that the Chief Justice and Justices Scalia and Alito could reach a common consesus, and (2) that Kennedy would join them. [read post]
31 Oct 2011, 11:32 am
Our take is a Roberts-Scalia-Kennedy-Thomas-Ginsburg-Alito majority against a Sixth Amendment remedy. [read post]
29 Oct 2011, 9:43 am
But just because Justices Alito, Thomas, Roberts, Scalia and Kennedy (at least) would probably consider it constitutional doesn't make it any less creepy. [read post]
28 Oct 2011, 9:09 am
The Legal Times has more on the grammatical and stylistic discord that occurred in those pages: Justice Clarence Thomas, writing for the Court (and joined by Chief Justice John Roberts Jr. and Justices Samuel Alito Jr., Anthony Kennedy, and Antonin Scalia), concluded that the Kansas statute was not unconstitutional. [read post]
27 Oct 2011, 3:11 am
At 11 a.m. next Tuesday, the Supreme Court will hold one hour of oral argument on a plea to create a new constitutional remedy against private companies who work for a federal government agency. [read post]
26 Oct 2011, 7:21 am
Thomas, which was argued earlier this month. [read post]
25 Oct 2011, 9:50 pm
Kennedy, Sr. 36. [read post]
24 Oct 2011, 7:41 am
Sunday marked Justice Thomas’s twentieth year on the Supreme Court. [read post]
23 Oct 2011, 6:24 pm
I discuss criticism of Thomas by Randall Kennedy and Lincoln Caplan over at the Originalism Blog. [read post]
