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27 Jun 2019, 2:00 pm
The creation of “hard look” review of agency action after the 1960s clearly reflected a change in the courts’ understanding of how agencies functioned – a shift from the earlier view that agencies were apply independent expertise to a view of the risk that agencies could be captured by the regulated actors they were designed to oversee. [read post]
27 Jun 2019, 1:41 pm
Justice Alito wrote the opinion for the Court, joined by the Chief Justice, Justices Kavanaugh and Breyer in full, and Justice Thomas in part. [read post]
27 Jun 2019, 11:29 am
She disagreed with the majority view that this case is simply about a private property owner opening up space to others; instead, she viewed MCAC as an organization appointed by the government to administer a constitutional public forum. [read post]
27 Jun 2019, 11:19 am
“It is not by the consolidation, or concentration of powers, but their distribution, that good government is effected,” Thomas Jefferson warned. [read post]
27 Jun 2019, 10:56 am
Americans who want to see their views and values fairly represented in elections simply don’t matter. [read post]
27 Jun 2019, 10:27 am
Justice Gorsuch wrote a separate opinion joined in full by Justice Thomas and in part by Justices Kavanaugh and Alito, in which he concluded that the Court should have “abandon[ed] Auer. [read post]
27 Jun 2019, 10:26 am
You can view the decision here. [read post]
27 Jun 2019, 10:14 am
In his view, the Supreme Court’s “only role in this case is to decide whether the Secretary complied with the law and gave a reasoned explanation for his decision. [read post]
27 Jun 2019, 9:49 am
In late May, the challengers notified the justices about new evidence indicating that Thomas Hofeller, a Republican redistricting strategist, had played a key role in the decision to add the citizenship question to the census, and that the question had been added to provide whites and Republicans with an advantage in future elections. [read post]
27 Jun 2019, 8:30 am
Gorsuch, writing for himself and Justices Samuel Alito, Clarence Thomas and Kavanaugh, cannot believe Auer has survived. [read post]
27 Jun 2019, 8:24 am
Justice Thomas concurs in the judgment based on his view that "the natural metabolization of alcohol in the blood stream ' "creates an exigency once police have probable cause to believe the driver is drunk," ' regardless of whether the driver is conscious. [read post]
27 Jun 2019, 4:00 am
Thomas W. [read post]
27 Jun 2019, 3:27 am
Mark Walsh has a courtside view of yesterday’s opinion announcements for this blog. [read post]
26 Jun 2019, 6:00 pm
Justice Samuel Alito dissented, in an opinion that was joined by Chief Justice John Roberts and Justices Clarence Thomas and Brett Kavanaugh. [read post]
26 Jun 2019, 2:29 pm
Thomas. [read post]
26 Jun 2019, 1:11 pm
In my view, anything less invites arbitrariness into judging. [read post]
26 Jun 2019, 9:45 am
In Thomas’s view, “[e]ach of the five challenged strikes was amply justified on race-neutral grounds timely offered by the State at the Batson hearing. [read post]
26 Jun 2019, 8:02 am
In Brunetti, four Justices expressed a view that scandalous modes of expression should be barred trademark registration. [read post]
26 Jun 2019, 7:41 am
Thomas, from Alito. [read post]
26 Jun 2019, 7:14 am
., and THOMAS and KAVANAUGH, JJ., joined. [read post]
