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25 Mar 2016, 7:03 am by John Lewis and Dustin Dow
Drawing a rebuke from dissenting Justices Clarence Thomas and Samuel Alito, a 6-2 majority opinion written by Justice Anthony Kennedy held that there is no bar to relying on representative sampling to establish liability: “Whether a representative sample may be used to establish classwide liability will depend on the purpose for which the sample is being introduced and on the underlying cause of action. [read post]
5 Dec 2011, 6:30 am by Joshua Matz
[and] Justice Kennedy will likely hold the deciding vote. [read post]
28 Jan 2019, 8:07 am by Amy Howe
In March 2018, Justice Neil Gorsuch joined Justice Clarence Thomas in a dissent from the denial of review in another case asking the justices to overrule Auer; Thomas described the doctrine as “constitutionally suspect” and “on its last gasp. [read post]
28 Jun 2012, 8:41 am by Lawrence Solum
Justices Scalia, Kennedy, Thomas, and Alito The joint opinion of the four dissenters includes the following remark about the Court's recent congressional power cases: The Lesson of [New York v. [read post]
20 Jan 2015, 10:06 am by Dennis Crouch
Justice Thomas wrote in dissent an was joined by Justice Alito. [read post]
21 Mar 2012, 3:52 pm by Viking
Here is the lead in to Frye by Justice Kennedy. [read post]
10 Jul 2014, 7:40 am by Kedar Bhatia
  For example, this measure does not count McCullen as a unanimous decision because only four Justices joined the majority opinion written by Chief Justice Roberts; Justice Scalia concurred in the result only, with a separate opinion that was joined by Justices Thomas and Kennedy, while Justice Alito filed a separate opinion in which he also concurred in the result only. [read post]
16 Dec 2014, 6:24 am by Ronald Mann
Justice Antonin Scalia responded with a blistering dissent, joined by Justices Anthony Kennedy, Elena Kagan, and Clarence Thomas. [read post]
21 Mar 2018, 3:55 am by Edith Roberts
Kennedy, who is normally the deciding vote when the court considers ideologically divisive issues. [read post]
1 May 2009, 8:10 am
Against the background of his brethren - most notably Rehnquist, Scalia, Thomas, Kennedy, Roberts and Alito - Souter is clearly on the more liberal side of the Court on most controversial issues. [read post]
23 Mar 2018, 4:16 am by Edith Roberts
” Looking ahead to next week, Thomas Wolf at the Brennan Center for Justice offers “five things to get you up to speed” on Benisek v. [read post]
23 Jan 2012, 7:17 am by David Kravets
Scalia’s majority opinion, which was joined by Chief Justice John Roberts, and Justices Anthony Kennedy, Clarence Thomas and Sonia Sotomayor, said placing the device on the suspect’s car amounted to a search. [read post]