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16 Aug 2018, 9:01 pm
Only dissenting Justices Sonia Sotomayor and Ruth Bader Ginsburg concluded that “[t]his Court has repeatedly warned that funding of exactly this kind—payments from the government to a house of worship—would cross the line drawn by the Establishment Clause. [read post]
12 Oct 2023, 3:17 am
This racially polarized voting pattern caused Justice Clarence Thomas to question how to “constitutionally disentangle” instances where there is a high correlation between race and p [read post]
14 Feb 2018, 7:38 am
After all, “who wouldn’t hold a rightly diminished view of the courts if they allowed individuals to linger longer in prison than the law requires only because they were unwilling to correct their own obvious mistakes? [read post]
30 Sep 2007, 3:19 am
After all, they will ask, isn't the readily-avoidable infliction of pain - a risk of pain we would not voluntarily inflict on a dog or horse -- the very essence of "cruelty" for any era? [read post]
11 Jul 2018, 9:00 pm
Only three other justices—all of them conservatives (Roberts, Antonin Scalia, and Clarence Thomas)—voted with Kennedy. [read post]
25 Jul 2022, 5:00 am
To Bush's credit, he picked Clarence Thomas. [read post]
12 May 2025, 9:01 pm
Justice Clarence Thomas—whom the first President Bush appointed the year after he appointed Justice Souter—can be understood to have spoken for three decades’ worth of ensuing Republican appointees when he quipped to his law clerks early in his tenure: “I ain’t evolving. [read post]
19 May 2015, 7:20 am
” And “[t]his identity between Maryland’s tax and a tariff is fatal because tariffs are ‘the paradigmatic example of a law discriminating against interstate commerce. [read post]
27 Jul 2015, 9:01 pm
That can’t happen when you included millions of non-citizens in the populations you use to determine legislative districts. [read post]
26 Jul 2018, 8:58 am
Catholic judges in the preceding figures include: Kennedy, Justice Antonin Scalia, Brennan, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Sonia Sotomayor. [read post]
25 Apr 2019, 7:04 pm
The argument overall All the justices were engaged in this argument (to greater and lesser degrees; Justice Clarence Thomas did not speak). [read post]
1 Oct 2015, 2:54 pm
If the defendant wishes to concede and to pay a full recovery, hasn’t the purpose of the lawsuit been completely served? [read post]
13 Jan 2022, 9:01 pm
Clarence Brandenburg was a Ku Klux Klan leader who was prosecuted for a speech that included racist epithets and antisemitic statements. [read post]
29 Aug 2023, 2:17 pm
One could argue that a federal law banning or severely restricting abortions isn't "really" aimed at regulating interstate commerce. [read post]
13 Jun 2017, 7:18 am
” Later, he remarked that although he “would stick with the idea of the FDA doing this first,” maybe he “can’t get there. [read post]
25 Mar 2019, 4:08 am
Some of those don’t shut out the legislature entirely, giving it some role in selecting commission or board members. [read post]
17 Jun 2007, 8:24 am
T. he relationship between new technologies and the en . [read post]
11 May 2015, 10:16 am
On April 9, Justice Clarence Thomas led the Sixty-Eighth Annual Horatio Alger Awards Inaugural Ceremony in Washington, D.C. [read post]
5 Dec 2024, 8:02 am
Justice Clarence Thomas pushed back, seeing this as an example of age classification, to which Prelogar responded it was both age and sex classification, which still triggers intermediate scrutiny. [read post]
18 Jun 2018, 12:26 pm
Justice Clarence Thomas also wrote a separate opinion, joined by Justice Neil Gorsuch, in which he agreed that the challengers in this case have not shown that they have a legal right to sue. [read post]