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7 Mar 2022, 8:39 am by James Romoser
” The decision was unanimous, though four justices — Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett — declined to join all of Kagan’s opinion, meaning they disagreed with some of her reasoning. [read post]
4 Mar 2022, 9:57 am by Amy Howe
Justice Amy Coney Barrett joined the majority’s opinion, but she also penned a separate concurring opinion, which Justice Neil Gorsuch joined. [read post]
Justice Samuel Alito wrote the majority opinion for the court, which was joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. [read post]
3 Mar 2022, 12:53 pm by Amy Howe
Breyer’s opinion for the court, which was joined by Chief Justice John Roberts and in large part by Justices Brett Kavanaugh and Amy Coney Barrett, stressed that although the court was faced with “only a narrow evidentiary dispute,” it did not condone terrorism or torture. [read post]
3 Mar 2022, 6:51 am by Howard M. Wasserman
Roberts and Justice Neil Gorsuch pushed Huston to identify a case in which a Bivens claim would be permissible, because it matches prior situations or because special factors are absent. [read post]
2 Mar 2022, 11:32 am by John Elwood
” A very similar foursome (minus Barrett, plus Justice Neil Gorsuch) wrote a similar statement concurring in the denial of review in another free exercise clause case just a few years ago because unresolved issues made review inappropriate “at this stage. [read post]
28 Feb 2022, 2:08 pm by Amy Howe
” Justice Amy Coney Barrett characterized one formulation of the major-questions doctrine as resting [read post]
28 Feb 2022, 10:20 am by Jonathan H. Adler
Other recent lecturers have included Judge Don Willett, Neal Katyal, and then-judges Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
25 Feb 2022, 4:57 pm by Mark Walsh
Recent Supreme Court nominee unveilings have been in the Rose Garden (the never-confirmed Merrick Garland by President Barack Obama and Amy Coney Barrett by Trump) and the East Room (Neil Gorsuch and Brett Kavanaugh, both by Trump). [read post]
23 Feb 2022, 1:29 pm by Ronald Mann
” Other justices chimed in with support for that point, with Justice Amy Coney Barrett in particular noting that other statutes – also passed shortly after Cabazon, on the same day as the Restoration Act – seemed plainly to adopt the same distinction between prohibitory and regulatory enactments. [read post]
22 Feb 2022, 7:18 pm by Mark Walsh
Justice Neil Gorsuch was the much-discussed holdout. [read post]
15 Feb 2022, 7:00 am by DONALD SCARINCI
Justice Neil Gorsuch dissented from the eight-member majority’s opinion. [read post]
14 Feb 2022, 9:01 pm by Michael C. Dorf
While Roberts has sometimes played a pivotal role, since Justice Ruth Bader Ginsburg’s death and her replacement by the very conservative Justice Amy Coney Barrett, the Chief’s evolution has had little impact on the outcomes of cases, as there are now five Justices to his right. [read post]
10 Feb 2022, 3:57 am by Scott Bomboy
The process for Justice Amy Coney Barrett took 27 days, with Barrett’s confirmation occurring about a week before the 2020 general election. [read post]
7 Feb 2022, 4:00 am by Sherry F. Colb
Such is the downside of selecting from such a shallow pool.Then there is Neil Gorsuch. [read post]
3 Feb 2022, 7:58 pm by Ediberto Roman
Justice Amy Coney Barrett, for instance, is only in her late forties. [read post]
23 Jan 2022, 9:01 pm by Austin Sarat and Dennis Aftergut
The Koch Brothers spent lavishly on national public relations campaigns to support the confirmations of Justice Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh. [read post]