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25 May 2010, 2:57 pm
Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented from Monday's ruling. [read post]
25 May 2010, 12:23 pm
The Chief and Scalia, not so odd, but without either Alito or Thomas it's a peculiar pair. [read post]
25 May 2010, 11:35 am
Justice Breyer delivered the opinion of the Court, joined by Roberts, C.J., and Scalia, Kennedy, Thomas, Ginsburg, and Alito, JJ.. [read post]
25 May 2010, 11:08 am
Justice Kennedy and Justice Alito each filed opinions concurring in the judgment. [read post]
25 May 2010, 7:54 am
by Debbie Jonas '10 'Twas the night before Con Law, and though it's quite lateMy mind can't stop thinking of goods interstate.The cases, the issues, the 400 pages,If Wickard is wheat then Garcia is wages.Commerce is dormant and virtues are passive,The casebook is dense and it surely is massive.Powers implied and limits externalStone and his cronies and their textbook infernal.I try to count sheep, but instead I think judges,Scalia's bombastic; Thomas holds… [read post]
25 May 2010, 7:54 am
by Debbie Jonas '10 'Twas the night before Con Law, and though it's quite lateMy mind can't stop thinking of goods interstate.The cases, the issues, the 400 pages,If Wickard is wheat then Garcia is wages.Commerce is dormant and virtues are passive,The casebook is dense and it surely is massive.Powers implied and limits externalStone and his cronies and their textbook infernal.I try to count sheep, but instead I think judges,Scalia's bombastic; Thomas holds… [read post]
25 May 2010, 6:26 am
(1) At one point in Chief Justice Roberts's opinion concurring in the result, the "royal we" appears: "Justice Thomas disagrees with even our limited reliance on Roper.... [read post]
25 May 2010, 4:42 am
In closely divided decisions, Scalia and Thomas fell in between Rehnquist and O’Connor. [read post]
24 May 2010, 9:10 pm
Curiously, the majority lineup in this per curiam opinion, includes the Chief Justice and both Justices Kennedy and Alito. [read post]
24 May 2010, 3:56 pm
Powell, Justice Ginsburg delivered the opinion of the Court, which Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Alito, and Sotomayor joined in its entirety, and which Justice Breyer joined in part. [read post]
24 May 2010, 9:39 am
Justice O’Connor joined the Zelman majority, but wrote a concurrence that could be read as expressing a somewhat narrower position than the majority’s, and took a different view from Justices Rehnquist, Scalia, Kennedy, and Thomas in the related field of evenhanded per-capita aid programs. [read post]
24 May 2010, 8:06 am
Kennedy delivered the opinion of the Court in United States v. [read post]
24 May 2010, 7:46 am
Justice Scalia dissented, joined by Justice Thomas. [read post]
23 May 2010, 8:02 am
Justice Thomas wrote the majority opinion upholding the law, joined by Justices Rehnquist, Scalia, O'Connor, and Kennedy; Justice Breyer wrote the dissent, joined by Justices Ginsberg, Souter, and Stevens. [read post]
21 May 2010, 9:34 am
Justice Stevens filed a dissenting Opinion joined by Justices Thomas and Breyer. [read post]
21 May 2010, 7:45 am
Abbott could demonstrate that returning to Chile would put her own safety at risk, the court could consider whether this is sufficient to show that the child too would suffer 'psychological harm' or be placed in an intolerable situation," Kennedy said.Lower courts can also take into account the child's wishes if he is mature enough to express them, Kennedy said.The case is Abbott v. [read post]
21 May 2010, 7:19 am
The Supreme Court decided otherwise in Comstock, with the exception of Justices Thomas and Scalia. [read post]
20 May 2010, 8:09 am
” At Sentencing Law and Policy, Douglas Berman makes an originalist argument against life imprisonment without parole, contrary to the reasoning in Justice Thomas’ dissent in Graham. [read post]
20 May 2010, 5:34 am
Yes, there will be a great deal of changeYes, but only minor changesNothing significant will changeThere will be no change pollcode.com free pollsAnd we'd like to see what you think about Rumpole's discussion of Graham:Who got the better of the Graham argument re life for juvenilesJustice Kennedy's majority opinion was correct and its reasoning was persuasiveJustice Kennedy's opinion was correct but his reasoning was flawedJustice Thomas' dissent… [read post]
19 May 2010, 11:49 pm
After all, Justices Scalia and Thomas have repeatedly written in favor of the traditional understanding of Ex parte Young, and, of the current Justices, only Justice Kennedy seems more positively disposed toward Judge Wilkinson's approach.All of this is a long way of saying that I suspect there will be some fun and serious heavy lifting later this year on the continuing meaning, relevance, and force of Ex parte Young. [read post]
