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21 Nov 2020, 3:43 am
 AND: The writer of the WaPo article, Robert Barnes, draws attention to Barrett's religion:In 1998, she co-wrote a law review article, titled “Catholic Judges in Capital Cases,” that described the tensions. [read post]
20 Nov 2020, 2:17 pm by Erik J. Heels
Shaich President Au Bon Pain The French Bakery Café Au Bon Pain Co., Inc. 660 Summer Street Boston, MA 02127 (617) 423-2100 March 30, 1984 Mr. [read post]
19 Nov 2020, 9:30 pm by Katie Bart
Barrett, a devout Catholic, co-wrote a 1998 article on the moral and legal dilemma that Catholic judges face in capital cases due to the church’s opposition to capital punishment. [read post]
17 Nov 2020, 9:01 pm by Sherry F. Colb
Justice Barrett later referred to Justice Thomas’s question as follows: “Justice Thomas asked you one [hypothetical example] about forcing people to wear a mask. [read post]
13 Nov 2020, 4:32 am by Stephen Sachs
As Justice Barrett noted, you can't sue Congress to make them repeal a law; and in any case, courts don't issue "writs of erasure," stripping pages out of the Statutes at Large. [read post]
10 Nov 2020, 10:58 am by Ilya Somin
The other three conservative justices—Gorsuch, Thomas, and the newly appointed Amy Coney Barrett—didn't really tip their hands on severability. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
Like the Democratic senators and voters who worried that Justice Barrett’s confirmation would spell doom for the ACA, I certainly hope she will join a majority of the Court to reject what we regard as an extraordinarily weak case, but that outcome is hardly foreordained.The Georgia Senate RacesHow will the ACA case play in the upcoming Georgia runoff elections? [read post]
9 Nov 2020, 7:20 pm by Jonathan H. Adler
Another issue to look out for is the question of statutory jurisdiction flagged in this amicus brief by co-blogger Sam Bray, occasional VC guest poster Michael McConnell, and Kevin Walsh. [read post]
5 Nov 2020, 11:54 am by Josh Blackman
(I am co-counsel with Becket in a different case challenging New York's lockdown measures). [read post]
3 Nov 2020, 12:58 pm by Sam Callahan and Allon Kedem
Like several of her colleagues, Barrett homed in on Section 231g and the apparent difficulties it created for Salinas’ position. [read post]
3 Nov 2020, 5:42 am
As state courts and officials in Pennsylvania, North Carolina, Minnesota, Texas and elsewhere modify state election rules to accommodate the unprecedented challenges that COVID-19 has presented, some argue that their actions are unconstitutional.[2] Justice Amy Coney Barrett has not yet weighed in on the issue, and the remaining Justices appear to be evenly divided.[3] As an originalist matter, the Supreme Court should stay out of these cases. [read post]
3 Nov 2020, 5:42 am by bhorton
As state courts and officials in Pennsylvania, North Carolina, Minnesota, Texas and elsewhere modify state election rules to accommodate the unprecedented challenges that COVID-19 has presented, some argue that their actions are unconstitutional.[2] Justice Amy Coney Barrett has not yet weighed in on the issue, and the remaining Justices appear to be evenly divided.[3] As an originalist matter, the Supreme Court should stay out of these cases. [read post]
2 Nov 2020, 9:01 pm by Joanna L. Grossman
Wade that Trump hopes he has secured by appointing three extreme anti-abortion conservatives to the Supreme Court (Justices Gorsuch, Kavanaugh, and Barrett). [read post]
2 Nov 2020, 9:00 pm by Dean Falvy
On the night of July 6, 1988, Mexico was on the verge of the unthinkable. [read post]
2 Nov 2020, 7:21 pm by Ilya Somin
The doctrine has been severely criticized by legal scholars (including co-blogger Will Baude), and by Supreme Court justices as varied as Clarence Thomas and Sonia Sotomayor. [read post]