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1 Jul 2024, 10:00 am
” Going forward, courts must do what they do best and “use every tool at their disposal to determine the best reading of the statute and resolve the ambiguity. [read post]
1 Jul 2024, 9:19 am
" Justice Thomas would have gone further and rejected the overbreadth doctrine altogether, requiring challengers to bring solely as-applied challenges (which is pretty much the norm outside First Amendment law). [6.] [read post]
1 Jul 2024, 6:45 am
”To reach this result, he offered a cramped reading of the 1962 Supreme Court decision in Robinson v. [read post]
1 Jul 2024, 6:26 am
Several Justices wrote significant concurrences while Justice Thomas, the author of Bruen, dissented. [read post]
1 Jul 2024, 3:29 am
Read the book of the same name by economist Amity Schlaes. [read post]
1 Jul 2024, 12:05 am
Read Doughty Street’s press release here. [read post]
30 Jun 2024, 11:49 am
Instead, courts have read qualified immunity into the statute based on common law principles and policy considerations. [read post]
30 Jun 2024, 11:49 am
Instead, courts have read qualified immunity into the statute based on common law principles and policy considerations. [read post]
30 Jun 2024, 11:49 am
Instead, courts have read qualified immunity into the statute based on common law principles and policy considerations. [read post]
30 Jun 2024, 9:19 am
Justices Alito, Kavanaugh and Thomas believed that at least one of the plaintiffs did have standing. [read post]
30 Jun 2024, 6:15 am
This use of corpus linguistics was pioneered by Associate Chief Justice Thomas Lee of the Utah Supreme Court. [read post]
29 Jun 2024, 12:36 am
Thomas v. [read post]
28 Jun 2024, 11:56 pm
Continue reading → [read post]
28 Jun 2024, 3:46 pm
Experts in legal ethics have said that… Continue reading The post “Justices Thomas and Alito Ignored Calls for Recusal in Jan. 6 Case” appeared first on Election Law Blog. [read post]
28 Jun 2024, 2:20 pm
In the Matter of John Thomas Cap. [read post]
28 Jun 2024, 1:56 pm
Having read thousands of Chevron-related judicial decisions and interviewed and surveyed more than a hundred of agency regulatory lawyers, this is a hard paragraph to square with reality. [read post]
28 Jun 2024, 10:26 am
"Read 21 remaining paragraphs | Comments [read post]
28 Jun 2024, 9:58 am
"Much of the majority opinion suggests that the core problem with Chevron was indeed its departure from (the majority's reading of) Section 706. [read post]
28 Jun 2024, 9:50 am
(I don't think Justice Thomas, or Justice Gorsuch, in fact share this view, though they purport to join this part of the opinion.) [read post]
28 Jun 2024, 9:37 am
The question, as she framed it, is “[w]ho decides which of the possible readings” of those laws should prevail? [read post]