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19 Jun 2023, 6:30 am
With this definition before us, I’ll consider the two claims in turn.Defending MadisonAs is well known, Madison’s Virginia Resolution, along with the Kentucky Resolution ghost-written by Thomas Jefferson, became known as “the principles of ‘98” and were expressly relied upon by nullifiers and secessionists, and even by states’-rights advocates long after the Civil War. [read post]
19 Jun 2023, 6:00 am
As I detail here (and as relied upon by Justices Gorsuch and Thomas in their opinions (see slip opinion for Gorsuch at 34 & 36 and Thomas at 9)), the Constitutional Convention intentionally chose not to include an Indian Affairs Clause as it was found in the Articles of Confederation. [read post]
19 Jun 2023, 5:47 am
From Gregory v. [read post]
19 Jun 2023, 5:10 am
It reminds me of Thomas Nagel's remarkable concession in... [read post]
19 Jun 2023, 4:52 am
” As noted by Inside Higher Ed, the comments were picked up by various other media outlets as part of the ongoing controversy involving swimmer Lia Thomas. [read post]
19 Jun 2023, 2:00 am
The Advisory Committee on Business Appointments (Acoba) said former Prime Minister Boris Johnson has broken government rules by failing to adequately consult them about his new job as a columnist with the Daily Mail. [read post]
19 Jun 2023, 12:00 am
Thomas-Rasset was found liable for reproducing and distributing the recordings, and the jury awarded a total of $222,000 in statutory damages. [read post]
18 Jun 2023, 9:30 pm
Walker-Thomas Furniture Co. [read post]
18 Jun 2023, 9:03 pm
The United States Court of Appeals for the Fourth Circuit recently handed down an important 2-1 ruling in a case involving changes in the admissions policy at the Thomas Jefferson High School for Science and Technology (“Thomas Jefferson” or “TJ”) in Alexandria, Virginia, a public STEM-focused school that has a selective admissions process and that has traditionally served high-performing students. [read post]
18 Jun 2023, 9:01 pm
Writing for a majority that included Justice Thomas, Justice Scalia nonetheless found standing proper. [read post]
18 Jun 2023, 9:00 pm
As I note in the column, Thomas leaves open the theoretical possibility that he would vote to uphold qui tam actions, but he pretty strongly tilts in the other direction. [read post]
18 Jun 2023, 2:12 pm
Justice Thomas suggests that the language of the FCA does not make clear that the government has broad dismissal power. [read post]
18 Jun 2023, 9:34 am
Denial of certiorari, including Justice Thomas’ statement. [read post]
17 Jun 2023, 6:03 pm
But lost in this narrative, as usual, is Justice Thomas. [read post]
17 Jun 2023, 5:04 pm
“A Year After Dobbs, Advocates Push in the States for a Right to Birth Control; After Justice Clarence Thomas cast doubt on the Supreme Court decision that established a right to contraception, reproductive rights advocates are pressing for new protections at the state level”: Sheryl Gay Stolberg of The New York Times has this report. [read post]
17 Jun 2023, 4:30 pm
[Justice Thomas would place the burden on the government, and follow a presumption of liberty.] [read post]
17 Jun 2023, 3:28 pm
Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. [read post]
17 Jun 2023, 2:51 pm
Justice Thomas wrote a 40-page solo dissent. [read post]
17 Jun 2023, 1:03 pm
Alexander Kueng and Thomas Lane have been found criminally guilty. [read post]
17 Jun 2023, 6:11 am
Rulemaking, Race, and Criminal Procedure Reform Thomas Frampton and Brandon Osowski University of Virginia School of Law and University of Virginia (UVA) School of Law, University... [read post]