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14 Dec 2020, 5:23 am
And this is the part of the concurring opinion where Justice Neil Gorsuch, the only other justice who joined part of Justice Thomas’s approach, did not join.Here’s what Justice Elena Kagan (for eight justices) had to say about the clause:Article II, § 1’s appointments power gives the States far-reaching authority over presidential electors, absent some other constitutional constraint. [read post]
15 Jun 2019, 8:00 am
Jaffa -- I also draw extensively from constitutional argument advanced by lawyers in The American Bar Association Journal, journalists like James Jackson Kilpatrick in National Review (and elsewhere), literature scholars/English Professors (the late Jeffrey Hart; M.E. [read post]
23 Oct 2022, 6:30 am
For the Balkinization symposium on James E. [read post]
23 Feb 2024, 7:30 am
James E. [read post]
27 Dec 2020, 9:06 pm
Justice Neil Gorsuch’s battle against the Chevron doctrine arguably played an important role. [read post]
24 Jun 2024, 8:00 am
It was denounced by several other prominent members of the Convention, including James Madison and Benjamin Franklin. [read post]
27 Nov 2017, 7:30 am
As James Madison famously warned us: “Enlightened statesmen will not always be at the helm. [read post]
18 Sep 2019, 12:21 pm
Footnote 3 was the only part of the opinion in Trinity Lutheran not joined by Justices Neil Gorsuch and Clarence Thomas, and therefore it only commanded a plurality of justices. [read post]
27 Jun 2017, 7:18 am
Justices Clarence Thomas and Neil Gorsuch wrote separately to say that they did not, and that they wanted to overrule Locke v. [read post]
20 Mar 2019, 8:55 am
The case now before the justices was brought by James Kisor, who served in the Marines during the Vietnam War and later filed for benefits for post-traumatic-stress disorder. [read post]
18 Mar 2019, 2:29 pm
At the oral argument in that case, Justice Neil Gorsuch appeared almost incredulous that the question was still an open one. [read post]
2 Nov 2020, 9:01 pm
Wade that Trump hopes he has secured by appointing three extreme anti-abortion conservatives to the Supreme Court (Justices Gorsuch, Kavanaugh, and Barrett). [read post]
9 Sep 2019, 9:03 am
Murphy), with Justice Neil Gorsuch recused, so they restored the case to the docket for reargument (still not scheduled) this term. [read post]
15 Sep 2020, 11:31 am
Hayes, while the seven Democrats all concluded they should go to Democratic nominee James Tilden. [read post]
14 May 2019, 6:56 am
The court cited important scholarship by Ann Woolhandler, James Pfander, Caleb Nelson, Bradford Clark and others, but neglected a bracing amicus brief by Will Baude and Steve Sachs. [read post]
1 Mar 2020, 9:03 pm
United States, Justice Neil Gorsuch, joined by Chief Justice John Roberts and Justice Clarence Thomas, argued that the U.S. [read post]
11 Mar 2024, 6:55 am
James W. [read post]
2 Mar 2022, 11:32 am
Petitioner James Holcombe, who was convicted on racketeering charges, argued that he was denied effective representation at trial because his lawyer represented both him and three co-defendants, two of whom were key witnesses at Holcombe’s trial. [read post]
12 Jun 2019, 9:01 pm
., the Gorsuch-not-Garland Supreme Court’s approval of the Muslim travel ban.)Which brings us once again back to my Swedish interlocutor’s question: Isn’t that just democracy? [read post]
28 Aug 2022, 8:06 am
The original Federalist Papers were written by conservative founders James Madison (who became known as the “Father of the Constitution”), Alexander Hamilton, and John Jay. [read post]
