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4 Jun 2014, 8:17 am
In AID, Justices Antonin Scalia and Clarence Thomas took the view that only coercion counts as a constitutional violation. [read post]
3 Jun 2014, 12:39 pm
In this area, as Justice Antonin Scalia has observed, “as everyone knows … evenhandedness is not fairness. [read post]
3 Jun 2014, 5:46 am
  Because of this historic tradition, Scalia declared, the sale of gruesome videogames to minors had to be fully protected. [read post]
2 Jun 2014, 9:01 pm
Several of my co-bloggers (Eugene, Jonathan, and Ilya) have already noted today’s opinion in Bond v. [read post]
2 Jun 2014, 8:55 am
Interested readers may wish to check out last year’s VC debate on the scope of the treaty power between Rick Hasen, co-bloggers Nick Rosenkranz and Eugene Kontorovich, and myself. [read post]
2 Jun 2014, 8:54 am
Interested readers may wish to check out last year’s VC debate on the scope of the treaty power between Rick Hasen, co-bloggers Nick Rosenkranz and Eugene Kontorovich, and myself. [read post]
2 Jun 2014, 8:36 am
For instance, just consider the usual partisan 5-4 story: (1) in many areas of law, including free speech, privacy, unconstitutional conditions and Confrontation Clause cases, it is mostly useless; (2) it does little to explain when and why justices might vote against presumed type, as Roberts did in the health-care case, Roberts and Kennedy did in the Arizona immigration case, and Breyer did in the Michigan affirmative action case; (3) it papers over major differences in how broadly and quickly… [read post]
2 Jun 2014, 8:30 am
(Justices Scalia and Thomas joined each other’s opinions fully, and Justice Alito joined portions of Justice Scalia’s and Thomas’s opinions.) [read post]
5 May 2014, 1:39 pm
 Yet errors in Supreme Court opinions are more common than people realize, as Eugene noted here. [read post]
5 May 2014, 8:55 am
Five Justices (Justice Kennedy, Chief Justice Roberts, and Justices Scalia, Thomas, and Alito) take the view that prayers before legislative bodies — including city councils as well as legislatures — are permissible even when they refer to theological concepts specific to particular religious traditions (such as Jesus Christ, or the resurrection). [read post]
2 May 2014, 8:54 am
I also commend Eugene Volokh’s post on other errors in Supreme Court opinions. [read post]
2 May 2014, 8:29 am
I’m glad people caught the error in Justice Scalia’s EPA v. [read post]
30 Apr 2014, 2:00 pm
Anyone who would be appalled if Scalia were to testify before Congress on, say, a proposed Human Life Amendment ought equally to be appalled by Stevens’s testimony. [read post]
11 Apr 2014, 10:50 am
The petition was actually written by the Emory Law School Supreme Court Advocacy Project, which you may remember from Eugene’s posts on Scott v. [read post]
10 Apr 2014, 6:12 am
Justice Scalia has been particularly skeptical of incumbent self-dealing over the years. [read post]