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17 May 2022, 9:29 am
Writing for the majority, Justice Amy Coney Barrett found that federal immmigration statute 8 U.S.C. [read post]
16 May 2022, 10:57 pm
His application was denied; the Board of Immigration Appeals then dismissed his appeal. [read post]
16 May 2022, 9:46 am
“Federal courts have a very limited role to play in this process,” Barrett wrote. [read post]
13 May 2022, 6:51 am
Justice Amy Coney Barrett assumed her seat on Oct. 27, 2020. [read post]
9 May 2022, 2:03 pm
City of Philadelphia (2021), six Justices (Thomas, Alito, and Gorsuch, plus Breyer, Kavanaugh, and Barrett) took the view that the Free Exercise Clause provide at least some sorts of religious exemptions from neutral, generally applicable laws. [read post]
4 May 2022, 12:51 pm
Justice Barrett's confirmation no doubt expanded those "misgivings. [read post]
3 May 2022, 7:33 am
Would the application of an abortion ban to such methods of contraception be sustained under the rational basis test of Dobbs? [read post]
2 May 2022, 10:51 am
" … The majority opinion, written by Justice Breyer and joined by Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Barrett, applied the three-factor analysis that the Court had used in Pleasant Grove City v. [read post]
2 May 2022, 10:45 am
" Writes Justice Breyer, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Barrett, in Shurtleff v. [read post]
2 May 2022, 9:51 am
Five other justices – Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett – joined the Breyer opinion. [read post]
29 Apr 2022, 7:51 am
Justice Amy Coney Barrett then jumped in to clarify that the court itself had never embraced this method as a tool of statutory construction. [read post]
28 Apr 2022, 5:45 am
The chief justice and the court’s newest justice, Amy Coney Barrett (who was not on the court for McGirt and may be a pivotal vote in this case), seemed intent on reading the GCA in a vacuum, pointing out that the statute does not affirmatively strip states of powers in Indian country. [read post]
In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country
26 Apr 2022, 10:06 am
” To paraphrase: Wherever federal power is exclusive, such as Indian country, the United States possesses exclusive power to prosecute generally applicable federal crimes. [read post]
25 Apr 2022, 9:01 pm
The Free Exercise Clause says everyone is supposed to obey neutral laws of general applicability. [read post]
25 Apr 2022, 1:03 pm
” But this assumption does not crack the puzzle, not even in conjunction with the application of a nearest-antecedent rule. [read post]
22 Apr 2022, 7:35 am
Gorsuch, writing for himself, the chief justice, and Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett, disagreed. [read post]
21 Apr 2022, 12:24 pm
Justice Clarence Thomas dissented, in an opinion joined by Justices Neil Gorsuch and Amy Coney Barrett. [read post]
21 Apr 2022, 9:07 am
Justices Thomas, Gorsuch, and Barrett dissented, as did Justice Alito with regard to the content discrimination question. [read post]
20 Apr 2022, 6:46 am
In this context, Justice Elena Kagan was moved to wonder if the case should be certified to the Washington Supreme Court for an authoritative opinion on the retroactive application of S.B. 5890 under Washington law. [read post]
20 Apr 2022, 6:33 am
I agree that there must be some state law applicable to enforce Section Three in a state, but ballot eligibility laws are state law. [read post]
