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17 Nov 2020, 7:40 pm
Hodges (2015): Loving was a constitutional lodestar in Justice Kennedy’s majority opinion holding that same-sex couples had a fundamental right to marry, while the dissenters argued that Loving in no way supported such a holding and that such reasoning from race would vilify sincere religious believers in traditional (man-woman) marriage as bigots.In the Fulton oral argument, several justices raised the interracial marriage hypothetical, pondering how to draw lines concerning what… [read post]
10 May 2013, 1:35 pm
The following is a series of questions posed by Ronald Collins on the occasion of the publication of Marcia Coyle’s The Roberts Court: The Struggle for the Constitution (Simon & Schuster, May 2013). [read post]
29 May 2024, 9:01 pm
(Justices Samuel Alito and Neil Gorsuch dissented, and thus aren’t particularly relevant to my discussion today.)I say “didn’t seem to want to be associated” because, although Thomas’s opinion for the Court nowhere responds to, or even mentions, the concurrence, one can assume that had these three Justices agreed with the Kagan Four about the relevance and content of post-founding practice in the appropriations realm, Thomas’s opinion simply… [read post]
2 Aug 2012, 9:19 am
Only Justice Thomas, who has consistently proclaimed a pre-New Deal conception of the Commerce Clause, was likely to vote to strike the Act down on that ground. [read post]
6 Nov 2008, 8:45 pm
See id. at 22-23 (government agreeing with Wyeth on facts in response to question from Justice Kennedy).How did the FDA address the risk in Levine? [read post]
18 Jun 2015, 10:50 am
Justice Thomas wrote the majority opinion, joined by the other conservatives and by Justice Sotomayor (interestingly, the same lineup as in Sorrell v. [read post]
26 Jun 2018, 10:30 am
This is one of the principal differences between Gorsuch and the other three "dissenters": Justices Alito, Thomas and Kennedy insist that CSLI records do not trigger the Fourth Amendment because they are not the modern-day equivalent of the customer's "papers or effects. [read post]
13 Jul 2018, 11:28 am
Although the majority of the Supreme Court chose not to return to this issue on direct appeal, Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas voted to hear oral argument. [read post]
9 Apr 2012, 8:40 am
Let's remember who we are dealing with here—four extreme radical hacks (Thomas, Scalia, Alito and Roberts) and a fifth Justice (Kennedy) who thinks it is his job to legislate from the bench. [read post]
28 Jun 2015, 6:40 am
In an unusual move, each dissenting Justice (Chief Justice Roberts together with Justices Scalia, Thomas and Alito) filed a separate opinion. [read post]
Symposium: The Supreme Court recognizes but limits disparate impact in its Fair Housing Act decision
26 Jun 2015, 5:58 am
Justice Thomas separately dissented. [read post]
12 Aug 2013, 8:18 am
Burchfield), and the Thomas Jefferson Center for the Protection of Free Expression (Joshua Wheeler). [read post]
16 Jun 2010, 8:30 am
Perhaps just as interesting in Dolan as the holding was the line-up of votes: Justices Breyer, Thomas, Ginsburg, Sotomayor, and Alito all voted against the criminal defendant, while the Chief Justice and Justices Scalia, Stevens, and Kennedy would have ruled in favor of the defendant. [read post]
13 Jun 2012, 9:30 am
In the column, I raise questions about two issues with respect to which there is agreement between the majority (written by Justice Thomas and joined by CJ Roberts and Justices Scalia, Kennedy, Breyer, and Sotomayor) and the dissent (written by Justice Alito and joined by Justices Ginsburg and Kagan). [read post]
2 Jun 2014, 1:45 pm
Chief Justice John Roberts wrote for the Court, in an opinion that was joined by Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan. [read post]
13 May 2021, 8:59 am
Sotomayor and Thomas, on the other hand, are the court’s most prolific authors of concurring opinions and are similarly inclined to author dissents. [read post]
20 Jan 2011, 6:34 am
” Instead, Justices Scalia and Thomas would have simply held that “[a] federal constitutional right to ‘informational privacy’ does not exist. [read post]
19 Apr 2011, 10:30 am
Thomas, 10-7502. [read post]
20 Feb 2007, 5:05 am
., and Kennedy, Souter, and Alito, JJ., joined. [read post]
24 Dec 2019, 8:36 am
Sotomayor and Thomas wrote the two signed opinions (the third opinion was unsigned), and Ginsburg filed the lone separate opinion. [read post]
