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30 Sep 2009, 6:19 am
" If Justice Sotomayor's place on the Court wasn't official before, it is now. [read post]
29 Jun 2018, 9:05 am by Daniel Hemel
His flip-flops could be maddening, but a justice who occasionally flip-flops is almost certainly preferable to a justice who sticks to his guns just so that he doesn’t have to admit that he was once wrong. [read post]
16 Aug 2018, 9:01 pm by Leslie C. Griffin
Only dissenting Justices Sonia Sotomayor and Ruth Bader Ginsburg concluded that “[t]his Court has repeatedly warned that funding of exactly this kind—payments from the government to a house of worship—would cross the line drawn by the Establishment Clause. [read post]
5 Jul 2022, 9:00 pm by Rodger Citron
(This latter statement is extraordinary, given the fact that, as Greenhouse recently observed in the New York Times, “[t]wo generations of women in this country have come of age secure in the knowledge that an unintended pregnancy need not knock their lives off course. [read post]
31 May 2020, 1:29 pm by Ilya Somin
Both Justice Clarence Thomas, the Court's most conservative member, and Justice Sonia Sotomayor, the most liberal, have been severely critical of qualified immunity. [read post]
11 Jul 2018, 9:00 pm by Rodger Citron
Only three other justices—all of them conservatives (Roberts, Antonin Scalia, and Clarence Thomas)—voted with Kennedy. [read post]
21 Jun 2019, 8:27 am by Michael Stokes Paulsen
Gorsuch had it right: “what matters when it comes to assessing a monument, symbol, or practice isn’t its age, but its compliance with ageless principles. [read post]
30 Nov 2010, 10:28 am by Lyle Denniston
  “I don’t see a finding [by the District Court] that 145 would not be an efficacious remedy. [read post]
28 Jun 2017, 9:41 am by Alice O'Brien
Over the objection of Justices Neil Gorsuch and Clarence Thomas, Chief Justice John Roberts limited the sweep of the court’s opinion to the specific facts before it. [read post]
25 Jun 2022, 5:59 am by jonathanturley
Sheffield said: “I personally prefer that, but I know that people on the other side don’t prefer that. [read post]
3 Apr 2019, 10:08 am by Adam Feldman
Justices prior to Kavanaugh Justice Clarence Thomas, the longest-serving current justice, was in the court’s majority 22 times and in dissent four times in his first set of decisions in orally argued cases. [read post]
18 Jun 2018, 12:26 pm by Amy Howe
Justice Clarence Thomas also wrote a separate opinion, joined by Justice Neil Gorsuch, in which he agreed that the challengers in this case have not shown that they have a legal right to sue. [read post]
Gorsuch next pointed out that, although the Medicare Act adopts the APA’s good-cause exception to rulemaking verbatim, “it clearly doesn’t adopt the substantive interpretive language verbatim, which is right next door … in the APA. [read post]
27 Jun 2019, 8:30 am by Michael Herz
Gorsuch, writing for himself and Justices Samuel Alito, Clarence Thomas and Kavanaugh, cannot believe Auer has survived. [read post]
26 Jul 2018, 8:58 am by Adam Feldman
Catholic judges in the preceding figures include: Kennedy, Justice Antonin Scalia, Brennan, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Sonia Sotomayor. [read post]
21 May 2019, 6:18 am by Elizabeth McCuskey
Instead, Wyeth’s clear evidence analysis requires that the judge “simply ask himself or herself whether the relevant federal and state laws ‘irreconcilably conflic[t]. [read post]
19 May 2020, 10:11 am by Adam Feldman
Most signs point to a favorable evolution, as there was plenty of engagement, including from Justice Clarence Thomas, who has seldom spoken in the past. [read post]
7 Aug 2023, 9:12 pm by Bona Law PC
Authors: Steven Cernak and Luis Blanquez As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that may be unfamiliar to antitrust practitioners who have been focused for decades exclusively on earlier versions of the Guidelines. [read post]