Search for: "ROBERT W. KAGAN"
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6 May 2013, 7:44 am
It is so much of a contradiction to Powell and Smith that three of the justices on the Court violently dissented.They declared, "[w]hether a man is innocent cannot be determined from a trial in which, as here, denial of counsel has made it impossible to conclude, with any satisfactory degree of certainty, that the defendant's case was adequately presented." [read post]
3 May 2019, 7:21 am
United States, which was decided in 1919, Holmes wrote as follows: [W]hen men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be… [read post]
3 Jun 2020, 7:25 am
Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and Kagan voted to deny the motion, and the Chief Justice issued a brief opinion explaining his reasoning. [read post]
25 Jun 2024, 1:29 pm
J. 1, 21–22 (1971) W. [read post]
15 Apr 2024, 7:05 pm
Justice Kagan asked if the required mental state in the statute helps to alleviate that concern. [read post]
14 Jan 2022, 10:46 am
(Chief Justice Roberts and Justice Kavanaugh joined the three dissenting Justices in the ETS decision to form the 5-4 majority here.) [read post]
17 Oct 2014, 7:47 am
Justice Elena Kagan then produced yet another hypothetical, involving five similar but separable IAC claims; and Sotomayor asked how a victorious habeas petitioner would even request a COA. [read post]
7 Feb 2013, 12:05 pm
Pushaw, Robert J., Jr. [read post]
19 Jun 2017, 4:19 pm
Indeed, according to the lower court, “[w]ith his band name, Mr. [read post]
10 Jul 2018, 5:16 am
(Ashley was a personal secretary to President George W. [read post]
1 Jul 2019, 8:59 am
Justice Gorsuch wrote for a six-member majority of the Court (he was joined by Justices, Roberts, Thomas, Alito, Kavanaugh, and Kagan). [read post]
3 May 2009, 6:00 am
Keeney, W. [read post]
8 Dec 2013, 9:02 pm
Under Chief Justice John Roberts, the Supreme Court has revived its interest in procedural issues, in particular those pertaining to jurisdiction. [read post]
29 Apr 2015, 9:01 pm
[W]hen you change the definition of marriage to delink the idea that we’re binding children with their biological mom and dad, that has consequences. [read post]
9 Dec 2015, 11:47 am
Sotomayor was a dogged questioner of the attorney challenging the Texas plan, Bert W. [read post]
30 Jun 2014, 2:46 pm
Sure, the vote by Chief Justice John Roberts to uphold the Affordable Care Act’s individual mandate in National Federation of Independent Businesses v. [read post]
13 Mar 2013, 5:23 am
Justice Ginsburg, writing for a majority that included Chief Justice Roberts, and Justices Breyer, Alito, Sotomayor, and Kagan, rested her logic on three principles. [read post]
Symposium: The Supreme Court recognizes but limits disparate impact in its Fair Housing Act decision
26 Jun 2015, 5:58 am
Justice Samuel Alito dissented, joined by Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas. [read post]
27 Sep 2020, 9:05 pm
The pendulum swung back with President George W. [read post]
3 Jul 2023, 11:14 am
… “[W]hat cannot be done directly cannot be done indirectly. [read post]