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28 Apr 2010, 8:45 am by Lyle Denniston
  Justice Thomas had dissented in January when the Court, in another election case (Citizens United v. [read post]
27 Apr 2010, 4:15 pm by Anna Christensen
” Arguing on behalf of the United States in support of the petitioner, Assistant to the Solicitor General Pratik Shah faced questions from Justice Scalia, who asked about the potential tension between the government’s position in this case and the case’s implications for other fee-shifting statutes that similarly lack an “prevailing party” standard. [read post]
27 Apr 2010, 3:46 pm by Rick
My last post laid the foundations for a discussion of Orin Kerr’s latest law review article, “Applying the Fourth Amendment to the Internet: A General Approach” (2010) 62 Stan.L.Rev. 1005. [read post]
27 Apr 2010, 2:27 pm by Bill Araiza
  If the Second Amendment is incorporated against the states does that mean that Alaskans have fewer Second Amendment rights because the "right [that] was understood at the time" that Alaska was admitted was presumably the understanding in United States v. [read post]
26 Apr 2010, 6:09 pm by Lawrence Solum
State) and national origin (e.g., Korematsu v. [read post]
26 Apr 2010, 8:06 am by David Lat
Blackmun and Antonin Scalia did in their dueling separate opinions in a 1992 abortion case, Planned Parenthood v. [read post]
25 Apr 2010, 3:54 pm by William Morriss
About a week later, the Supreme Court of the United States heard oral arguments in City of Ontario v. [read post]
21 Apr 2010, 9:16 am by Arthur Bright
The United States Supreme Court is, when it comes to technology, almost completely ignorant. [read post]
21 Apr 2010, 5:00 am by Howard Wasserman
Lyrissa mentioned yesterday's SCOTUS decision in United States v. [read post]
20 Apr 2010, 9:13 pm
 But also because I was jarred by the juxtaposition of his dissent in Johnson with his decision to join the 8-1 majority in yesterday's ruling in United States v. [read post]
20 Apr 2010, 12:51 pm
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust United States v. [read post]
20 Apr 2010, 12:25 pm by Brett Trout
Bilski I wrote previously about my uneasiness with the United States Supreme Court’s apparent unfamiliarity with current technology. [read post]
19 Apr 2010, 11:12 pm by Dwight Sullivan
United States, 517 U.S. 748, 769 (1996). [read post]
19 Apr 2010, 4:10 pm by Erin Miller
The Military Commissions Act of 2006 (“MCA”) eliminated the writ of habeas corpus for any “alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. [read post]
18 Apr 2010, 8:59 am by Tom Goldstein
The next body of cases involves less traditional alignments among the Justices – generally, the Court’s left (Stevens, Ginsburg, and Souter) and right (Scalia and Thomas) wings joining together to form a five-Justice majority. [read post]
15 Apr 2010, 2:19 pm by Jim Harper
Stevens wrote in his dissent that “This case is about power — the power of the Congress of the United States to create a private federal cause of action against a State, or its Governor, for the violation of a federal right. [read post]