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17 Nov 2018, 10:29 am
For now, at least, I don’t have anything to add to these various explanations and arguments on the merits of the appointment. [read post]
16 Apr 2022, 6:30 am
Despite the curating of content that social media platforms do all the time in excluding hate speech, pornography, and some objectionable political messages, Eugene has at least tentatively endorsedthe idea that a company like Twitter is more like a common carrier phone company than the Times and it can have its content dictated by a government bureaucrat, an idea that Justice Clarence Thomas has echoed. [read post]
13 Apr 2017, 8:12 am
Scalia and the other originalist on the court during his tenure, Clarence Thomas, sat on 97 of those. [read post]
6 Mar 2008, 12:12 pm
Western District of Louisiana, remarked that “‘not only do we not allow cameras in the courtroom, we don’t even allow people to see what’s going on. [read post]
17 Apr 2018, 11:03 pm
”); id. at 2600 n. 2 (“[T]his case does not implicate the question whether monetary exactions must be tied to a particular parcel of land in order to constitute a taking. [read post]
27 Oct 2021, 7:51 am
More broadly, the challengers warn (as Justice Clarence Thomas has in the past) against treating the Second Amendment as a “second-class right. [read post]
11 Mar 2016, 10:02 am
” We don’t normally pay much attention to the Court’s “original jurisdiction” docket, involving the relatively rare subset of cases over which the Supreme Court has original (rather than appellate or certiorari) jurisdiction, because those cases are so rare. [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]
28 Dec 2020, 9:01 pm
The appeals court cautioned the website was entitled to immunity for any comments posted by site users without any discriminatory prompts from the company: “The message to website operators is clear: If you don’t encourage illegal content, or design your website to require users to input illegal content, you will be immune. [read post]
13 May 2021, 11:32 am
For a recent law journal article on this topic, we found "nigger" quoted in more than 9,500 opinions written since 2000 by jurists as varied as Sandra Day O'Connor, Sonia Sotomayor, Ruth Bader Ginsburg and Clarence Thomas (plus thousands of lower court judges). [read post]
12 Dec 2023, 9:01 pm
At one point during the argument she thought, “Fuck you, Justice Scalia,” (143) and hoped she hadn’t said it out loud. [read post]
29 Apr 2020, 3:15 pm
” The government couldn’t dig its way out of this hole by asking for comments on the interim rules after they were issued but before it released the final rules in 2018, the states continue. [read post]
20 Jan 2017, 10:13 am
Court of Appeals for the 4th Circuit, and the second for Supreme Court Justice Clarence Thomas. [read post]
4 Jul 2023, 9:01 pm
They sued, but they sought the invalidation of the entire program, which would have given them nothing.Accordingly, in Dep’t of Educ. v. [read post]
27 Mar 2012, 2:41 pm
Since Justice Clarence Thomas is known to be a determined foe of broad power in Congress to regulate economic matters, he very likely would join those four if they were to coalesce around a decision to nullify the requirement that virtually all Americans must obtain health insurance by the year 2014 or pay a financial penalty. [read post]
4 Nov 2014, 7:50 am
” Justice Clarence Thomas, while concurring with the majority’s result in Sykes, agreed that the Court’s rationale “further muddie[d]” understanding of the ACCA. [read post]
2 Oct 2018, 10:43 am
” Although at least two justices (Samuel Alito and Clarence Thomas) have criticized this “categorical” approach, it is the accepted precedent today, as the court once again recognized last term in Sessions v. [read post]
5 Aug 2019, 7:08 am
Hamilton (not only a fellow member of the committee, but Morris’ best friend, even though Morris didn’t make it into the musical) relied on that subtle difference when he argued in 1793 in his landmark Pacificus essays for broad presidential power. [read post]
25 Oct 2022, 9:01 pm
Bruen, the Court, in an opinion by Justice Clarence Thomas, extended the right recognized in Heller to the carrying of firearms in public. [read post]
29 Jun 2015, 12:44 pm
Kennedy and Clarence Thomas have joined his opinion, with some concurrences, as we’ll soon find out. [read post]
