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2 Jun 2014, 1:45 pm by Amy Howe
Like the fictitious soap operas All My Children and One Life to Live before it, the long-running real-life soap opera that was Bond v. [read post]
2 Jun 2014, 12:05 pm by Diane Marie Amann
“[T]he Treaty Power is itself a limited federal power,” Justice Clarence Thomas wrote in a dissent that Justices Antonin Scalia and Samuel Alito, Jr., joined. [read post]
2 Jun 2014, 9:30 am by Lyle Denniston
Chief Justice Roberts announces opinion in Bond v. [read post]
2 Jun 2014, 8:46 am by Wells Bennett
Justices Scalia, Thomas and Alito each wrote separately, and each concurred in the judgment. [read post]
2 Jun 2014, 8:30 am
(In the process, Justice Scalia’s concurrence, joined by Justice Thomas, cited our own Nick Rosenkranz’s “Executing the Treaty Power,” 118 Harv. [read post]
29 May 2014, 10:50 am by Guest Blogger
” – but the one power he thought necessary to prevent disunion, the federal veto, was repeatedly and definitively rejected.[5]Eleven days before the Convention adjourned, Madison complained to Thomas Jefferson, in Paris at the time, that because his proposal for a federal negative of state legislation had been turned down, “the plan should it be adopted will neither effectually answer its national object nor prevent … local mischiefs. [read post]
22 May 2014, 7:44 am by Bruce Ackerman
 We all know Justice Thomas’ answer – but he is an extremist on the issue. [read post]
22 May 2014, 4:00 am by Administrator
(c) Increase in the Number of Recusals It has been argued that judicial fundraising has the undesired potential of contributing to an excessive number of recusals.[105] This is problematic since regular disqualifications impose a cost on both the justice system and the public.[106] This is because such involvement “Will often necessitate the disqualification of a judge in a matter they have been involved with or have familiarly with due to their extrajudicial activities”.[107] Justice… [read post]
20 May 2014, 3:33 pm by Stephen Bilkis
The court may interfere with the exercise of that plenary power only to the extent the Constitution requires as held in Poe v Ullman. [read post]
20 May 2014, 6:08 am by Bruce Ackerman
(For a recent reevaluation, see Thomas Colby's essay in Northwestern Law Review.)Taken in their own terms, the coercive Article Five exchange between Congress and the states does not establish the constitutional "quality" of the Fourteenth Amendment. [read post]
20 May 2014, 4:39 am by Amy Howe
In a post at ACSblog, Frederick Gedicks discusses Justice Clarence Thomas’s separate opinion in Town of Greece v. [read post]
19 May 2014, 4:23 am by Lawrence B. Ebert
In 2006, for instance, Justice Anthony Kennedy stated as simple fact in eBay v. [read post]