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24 Mar 2014, 4:32 am
What “the free exercise” meant at the time is a hotly debated issue — see Scalia’s and O’Connor’s dueling opinions in Flores. [read post]
[Eugene Volokh] Justice Scalia wishes the court had expressed no opinion about expressing no opinion
5 Mar 2014, 7:50 am
But this is the first time that I’ve noticed Scalia refuse to join footnotes that have nothing to do with legislative history, and that simply express no opinion on an issue. [read post]
4 Mar 2014, 8:40 am
So the opinion, coming out from leading conservative Justice Antonin Scalia … holds unanimously for the cheating debtor. [read post]
4 Mar 2014, 7:32 am
As in the case Eugene Volokh noted last week, both the court’s conservatives and liberals were split. [read post]
25 Feb 2014, 7:21 am
An unusual lineup in a constitutional criminal procedure case — Kagan, Ginsburg, Scalia, Kennedy, Thomas, and Alito (against the criminal defendant’s claim) vs. [read post]
24 Feb 2014, 2:03 pm
This essay is adapted from his foreword to Eugene Volokh, Sebelius v. [read post]
30 Jan 2014, 7:21 am
It was none other than Eugene Volokh . . . . [read post]
27 Jan 2014, 9:09 am
On that general issue, all the justices disagree, but Justices Scalia, Thomas and Kagan disagreed on how (and whether) to apply the standard in this case. [read post]
14 Jan 2014, 7:53 am
(Eugene Volokh) Those interested in this subject might want to check out today’s Supreme Court decision in Daimler AG v. [read post]
5 Dec 2013, 8:39 am
(Eugene Volokh) (For an introduction to this series of posts, see here.) [read post]
5 Nov 2013, 6:25 am
(Eugene Kontorovich) Prof. [read post]
11 Oct 2013, 7:35 am
Behrend decision (written by Justice Scalia), and the lower court panels reaffirmed their pre-remand decisions. [read post]
26 Sep 2013, 9:35 am
(Eugene Volokh) I’m delighted to report that the new UCLA First Amendment Amicus Brief Clinic has filed its first brief, on behalf of the Cato Institute, in Edwards v. [read post]
16 Sep 2013, 9:51 pm
Today, I had the honor of meeting the two winners from the 2013 competition who attended Justice Scalia’s lecture. [read post]
22 Aug 2013, 6:55 am
Racism, sexism, eugenics, and so on all fit that bill. [read post]
17 Jul 2013, 4:47 pm
In Descamps, Justice Kagan wrote for the Supreme Court on an issue that permeates our work as federal defenders: what impact do prior convictions have on our clients’ freedom? [read post]
29 Apr 2013, 10:05 am
Steiner of Supreme Court Justice Antonin Scalia’s quoting of Robert F. [read post]
24 Apr 2013, 9:01 am
Justices Scalia, Kennedy, Thomas and Alito joined the Chief Justice’s majority opinion. [read post]
24 Apr 2013, 9:01 am
Justices Scalia, Kennedy, Thomas and Alito joined the Chief Justice’s majority opinion. [read post]
7 Mar 2013, 7:15 am
Also at the Volokh Conspiracy, Eugene Volokh reports on a cert petition he joined in Scott v. [read post]
