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22 Jan 2007, 7:04 am
Kennedy, supported by Justice Stephen G. [read post]
16 Jan 2007, 7:53 am
Consider the Apprendi line of cases, which has produced a set of doctrines (and puzzling exceptions to those doctrines) that are opaque and shaky because of 5-4 votes and flip-flopping Justices (ranging from Thomas in Apprendi to Scalia in Harris to Kennedy in Ring to Ginsburg in Booker). [read post]
29 Aug 2013, 11:55 am by Jeanine Cali
 It was not until Robert Kennedy appointed a special committee to review the issue after becoming  U.S. [read post]
5 Jun 2018, 2:28 pm by Justin Marceau
Chief Justice John Roberts wrote a dissent joined by Justices Clarence Thomas and Samuel Alito, which echoed the dissent in Freeman. [read post]
11 Oct 2016, 2:00 pm by Jon Katz
The United States Supreme Court has at least three justices that are very friendly to preserving the death penalty (Chief Justice Roberts, Justice Thomas, and Justice Alito), and no longer has even one justice entirely rejecting the death penalty (those having been the late Justices Marshall and Brennan). [read post]
12 Apr 2012, 3:49 am by Russ Bensing
  Kennedy’s opinion basically throws the whole thing into the lap of jail officials. [read post]
9 Nov 2013, 9:27 am by Amy Howe
  First up on Wednesday was attorney Thomas Hungar, who argued on the town’s behalf in support of the prayers. [read post]
30 Apr 2009, 3:47 am
”   As Clarence Thomas proved back when the Supreme Court considered the Virginia cross-burning statute a few years back, there’s a purpose for doing it, though. [read post]
28 Mar 2011, 2:08 pm
 Presumably too, the Justices on the Supreme Court who are simply hostile to the abortion right (Scalia and Thomas, at least) would not engage with the question of whether three or seven days is too long: They'd be happy to uphold a nine-month waiting period! [read post]
24 Feb 2007, 2:27 pm
  It's become like a  pit bull that's gotten too old and lazy to maul every passing toddler, but still enjoys the odd romp-and-tear from time to time.Putting to one side Scalia, Alito and Roberts, what's left are people who never practiced enough law to be considered for partnership at your average law firm (Breyer, Ginsburg, Thomas), or who are judicial bureaucrats in DMV sense, taking vacations at their desks or scheming for power within the… [read post]
28 Jun 2007, 4:26 pm
As Justice Ruth Bader Ginsburg rightly observed in dissent, the majority, which included Justices Roberts, Alito, Scalia, Kennedy, and Thomas), offered no principled basis for ignoring the earlier decision. [read post]
25 Mar 2015, 2:28 pm by Lyle Denniston
Kennedy and Clarence Thomas, wrote a dissenting opinion complaining that the majority had simply made up a scenario that had no basis in the law. [read post]
25 Feb 2013, 1:35 pm by Josh Douglas
 Why, then, did 8 Justices (all but Justice Thomas) refuse to pull the trigger in NAMUDNO and invalidate Section 5? [read post]
28 Jun 2007, 11:20 am
Thomas does not believe in the existence of a dormant version of the Commerce Clause. [read post]
29 Mar 2011, 11:00 am by Gerald L. Maatman, Jr.
Justice Thomas was the only Justice who declined to ask any questions. [read post]
18 May 2018, 10:33 am by Stephen Wermiel
Alito’s opinion was joined unambiguously and in full by five others: Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, Elena Kagan and Neil Gorsuch. [read post]