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27 Mar 2023, 6:33 am
Kavanaugh joined, from the denial of certiorari. [read post]
27 Mar 2023, 5:30 am
Next, Biskupic repeats the well-worn claim that Justice Kavanaugh tries to make himself appear "conciliatory": The abortion controversy also surfaced a pattern of double-signaling to colleagues and people beyond the court by Justice Brett Kavanaugh, Trump's second appointee. Kavanaugh has long been concerned with appearances. [read post]
22 Mar 2023, 12:59 pm
The most detailed exposition of that position came from Justice Brett Kavanaugh, who emphasized the view that pretrial litigation in a class-action setting can have a “coercive” pressure on defendants toward settlement. [read post]
22 Mar 2023, 12:15 pm
” However, four justices of the Supreme Court—Amy Coney Barrett, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh—are self-proclaimed originalists, while a fifth, Justice Samuel Alito, describes himself as a “practical originalist. [read post]
21 Mar 2023, 11:13 am
Justices Samuel Alito and Brett Kavanaugh focused on the allocation question, asking a series of policy questions about the “real world” consequences of a victory here for the Nation. [read post]
1 Mar 2023, 4:23 pm
Interestingly enough, an exchange between SG Elizabeth Prelogar and Justice Brett Kavanaugh in the second student loan case argument highlights the role jurisdiction plays on the effect of circuit court decisions invalidating agency actions. [read post]
1 Mar 2023, 3:00 pm
Justice Samuel Alito characterized New York’s “argument [that New Jersey agreed] to surrender this sovereign authority perpetually” as “an extraordinary thing”; Justice Elena Kagan found it “a kind of weird thing,” and Justice Brett Kavanaugh called it “a big deal. [read post]
1 Mar 2023, 6:00 am
"Though there is an off chance that Justice Brett Kavanaugh or Amy Coney Barrett might break from their fellow Republican appointees, all six of the GOP-appointed justices appeared inclined to kill the program. [read post]
28 Feb 2023, 6:14 pm
” Sotomayor, Gorsuch, and Jackson continued to express skepticism over this broad position, with Justice Brett Kavanaugh also wondering why, given that the elements of the statute “are vague,” the court should not look to the title of the statute as “a helpful clue about how broadly to read those somewhat elastic terms. [read post]
28 Feb 2023, 3:54 pm
United States sharply divided the justices, with an odd lineup supporting Justice Neil Gorsuch’s opinion: Chief Justice John Roberts and Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson. [read post]
28 Feb 2023, 3:51 pm
” Justice Brett Kavanaugh was slightly more receptive to the government’s argument. [read post]
24 Feb 2023, 11:30 am
Justice Brett M. [read post]
24 Feb 2023, 9:42 am
Justice Neil Gorsuch argued that the case should have been dismissed, while Justice Brett Kavanaugh and Justice Samuel Alito agreed with Helix's argument that Hewitt was paid on a "salary basis. [read post]
24 Feb 2023, 8:02 am
Justice Brett Kavanaugh worried that “to pull back now from the interpretation that's been in place would create a lot of economic dislocation, would really crash the digital economy. [read post]
23 Feb 2023, 11:25 am
Second, Justice Brett Kavanaugh, joined by Justice Samuel Alito, dissented because they agreed with Helix’s reading of Section 602. [read post]
23 Feb 2023, 9:19 am
Justice Sonia Sotomayor authored the opinion, with Chief Justice John Roberts and Justices Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson signing on. [read post]
23 Feb 2023, 6:21 am
Here’s the Thursday morning read: Supreme Court seems to favor tech giants in terror case (Jessica Gresko & Mark Sherman, The Associated Press) Supreme Court rules 9-0 that bankruptcy filers can’t avoid debt incurred by another’s fraud (Dan Mangan, CNBC) Supreme Court rejects Ohio man’s bid to sue police over arrest for Facebook parody (Lawrence Hurley, NBC News) Brett Kavanaugh Just Made the Best Argument for Saving the Internet (Mark Joseph Stern,… [read post]
22 Feb 2023, 12:54 pm
Interestingly, the dissent, authored by Justice Brett Kavanaugh, raised the mathematical fact that an employee receiving a daily rate of at least $963 would automatically have received more than the FLSA’s weekly salary requirement of $455. [read post]
21 Feb 2023, 4:00 pm
Interestingly, the dissent, authored by Justice Brett Kavanaugh, raised the mathematical fact that an employee receiving a daily rate of at least $963 would automatically have received more than the FLSA’s weekly salary requirement of $455. [read post]
21 Feb 2023, 3:31 pm
Supreme Court, then-Judge Brett Kavanaugh wrote of the “N-word” that it is “probably the most offensive word in English. [read post]
