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23 Jun 2023, 9:25 am
Justice Thomas delivered the opinion of the Court in Samia v. [read post]
23 Jun 2023, 8:39 am
JACKSON, J., filed a dissenting opinion, in which SOTOMAYOR and KAGAN, JJ., joined in full, and in which THOMAS, J., joined as to Parts II, III and IV. [read post]
23 Jun 2023, 7:02 am
And Justice Jackson issued a dissenting opinion, in which Justices Sotomayor and Elena Kagan joined in full and Justice Thomas joined in large measure. [read post]
23 Jun 2023, 6:37 am
It is the latest in a string of cases construing AEDPA in which the court has held, as Justice Clarence Thomas put it in his majority opinion, that “Congress has chosen finality over error correction. [read post]
23 Jun 2023, 5:56 am
., and SOTOMAYOR, KAGAN, and JACKSON, JJ., joined. [read post]
23 Jun 2023, 5:46 am
" - Justice Jackson [read post]
22 Jun 2023, 1:19 pm
In this case, Justice Thomas doesn't even try to address the point. [read post]
22 Jun 2023, 9:28 am
Instead I want to focus on an important disagreement between Justice Jackson and the majority.In favor of her reading of subsection (e), Justice Jackson invoked, among other things, the principle of constitutional avoidance. [read post]
22 Jun 2023, 8:20 am
Justice Thomas delivered the opinion of the Court in Jones v. [read post]
22 Jun 2023, 7:02 am
Justice Jackson issued a concurring opinion. [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
20 Jun 2023, 5:58 am
Recent weeks have seen a flurry of investigative activity on Capitol Hill, including probes by House committees into Hunter Biden and Manhattan District Attorney Alvin Bragg’s New York indictment of former president Donald Trump, demands by Senate committees for information about Supreme Court ethics rules and gifts received by Justice Clarence Thomas, a subpoena from the House Foreign Affairs Committee to obtain access to a key State Department document regarding the Afghanistan… [read post]
19 Jun 2023, 11:15 am
” Justices Clarence Thomas and Samuel Alito dissented. [read post]
19 Jun 2023, 8:55 am
Justice Thomas authored an opinion concurring in the judgment and was joined by Justice Gorsuch. [read post]
19 Jun 2023, 6:00 am
Gorsuch and Thomas alone excavated history in their concurrence and dissent, respectively (although Justices Sotomayor and Jackson joined Gorsuch’s concurrence, they did not join section II, which explored how framing history bore on Congressional plenary power over tribes). [read post]
18 Jun 2023, 9:00 pm
Given Trump's well-known admiration for Jackson the populist/racist, it's not entirely surprising that Trump would emulate Jackson in treating federal government power as available to serve his own partisan and personal ends.To be sure, the spoils system punished enemies by stripping them of their jobs, not by prosecuting them. [read post]
17 Jun 2023, 6:03 pm
But lost in this narrative, as usual, is Justice Thomas. [read post]
17 Jun 2023, 2:51 pm
Justice Thomas wrote a 40-page solo dissent. [read post]
16 Jun 2023, 12:04 pm
”[4] Justice Thomas asked a number of hypotheticals and questioned whether Rogers v. [read post]
16 Jun 2023, 11:54 am
”[4] Justice Thomas asked a number of hypotheticals and questioned whether Rogers v. [read post]
