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28 Jun 2010, 4:45 pm
If this holding strikes you as both consistent with the Federal Arbitration Act’s goal of promoting arbitration of private disputes as well as precise reading of plain language of the law, then you share the majority view of Justices Scalia, Alito, Kennedy, Roberts, and Thomas. [read post]
28 Jun 2010, 2:49 pm
Justice Kennedy was joined by Justices Roberts, Thomas and Alito in full. [read post]
28 Jun 2010, 11:50 am
“This is an unpatentable abstract idea,” Justice Anthony Kennedy wrote for the court. [read post]
28 Jun 2010, 11:27 am
A page of discussion and links is here.Among the majority, 4, Alito, Roberts, Scalia, and Kennedy, decided only on the basis of the Due Process Clause of the 14th Amendment. [read post]
28 Jun 2010, 11:19 am
Writing for the majority, Justice Kennedy (joined in full by Chief Justice Roberts and Justices Thomas and Alito, and in part by Justice Scalia), held that the Federal Circuit's "machine-or-transformation" test is not the sole test for deciding whether an invention is a patent-eligible process. [read post]
28 Jun 2010, 10:39 am
Justice Thomas's argument was based on his understanding of the original meaning of the 14th Amendment; Justice Thomas's understanding of the history appears to be heavily influence by the work Professor Kurt Lash, who joins the faculty of the University of Illinois College of Law this summer. [read post]
28 Jun 2010, 10:25 am
., delivered the opinion of the Court, in which SCALIA, KENNEDY, THOMAS, and ALITO, JJ., joined. [read post]
28 Jun 2010, 9:55 am
Limiting patentable processes to only those that use a machine or transform matter is a useful test but is not the only test. (5 Justices - Kennedy, Roberts, Scalia, Thomas, Alito)C. [read post]
28 Jun 2010, 8:34 am
Public Company Accounting Oversight Board, in which the conservative Justices — Roberts, Scalia, Kennedy, Thomas, and Alito — take the strong position on enforcing the constitutional principles of separation of powers, and the liberal Justices — Breyer, Stevens, Ginsburg, and Sotomayor — take the position of judicial restraint. [read post]
28 Jun 2010, 8:25 am
See The power in being the swing vote Of a followup by Mullin:The Court’s liberal wing—Stevens, along with justices Stephen Breyer, Ruth Bader Ginsburg, and Sonia Stotomayor—favored a ban on business method patents; the conservatives—Chief Justice John Roberts, joined by justices Samuel Alito, Antonin Scalia, and Clarence Thomas—joined the moderate, and frequent swing voter, Justice Anthony Kennedy, who wanted to leave open the possibility of patent… [read post]
28 Jun 2010, 7:53 am
Justice Kennedy emphasized the informal learning that is furthered through student interaction by the all-comers policy.Justice Alito wrote a dissent, joined by Chief Justice Roberts and Justices Scalia and Thomas. [read post]
28 Jun 2010, 7:13 am
Portions of Kennedy’s opinion are only for a plurality (himself, the Chief Justice, and Justices Thomas and Alito). [read post]
28 Jun 2010, 5:00 am
Justice Thomas wrote the majority opinion, joined by Chief Justice Roberts, Justices Scalia, Kennedy, Ginsburg, Breyer, and Alito. [read post]
27 Jun 2010, 5:00 pm
But Magwood still won, because two of the Court’s “conservative” Justices – Thomas and Scalia – agreed with Justices Stevens, Breyer, and Sotomayor that he should be allowed to file his second challenge. [read post]
27 Jun 2010, 6:51 am
Justices Kennedy, Scalia, and Thomas, for example, dissented on this issue in the McConnell case. [read post]
25 Jun 2010, 11:20 am
’” In an opinion joined by the Chief Justice and Justices Ginsburg and Alito, Justice Kennedy dissented. [read post]
24 Jun 2010, 11:01 pm
The only difference is that Justices Scalia, Thomas and Kennedy would have struck down Section 1346 entirely, while the majority simply restricted it’s application to bribery and kickback cases. [read post]
24 Jun 2010, 12:58 pm
J., and SCALIA, KENNEDY, and THOMAS, JJ., and Part III of which was joined by ROB-ERTS, C. [read post]
24 Jun 2010, 12:46 pm
Kennedy and Clarence Thomas. [read post]
24 Jun 2010, 12:45 pm
Stewart and – like the Volokh Conspiracy’s Jonathan Adler – remarks on the “interesting line-up” of Justices in the case: Justice Thomas’s opinion was joined by Justices Scalia, Stevens, Breyer, and Sotomayor, while Justices Kennedy and Ginsburg (along with the Chief Justice and Justice Alito) would have denied relief. [read post]
