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2 Oct 2019, 6:54 am
In an opinion by Justice Clarence Thomas, the majority ruled that a state may not be sued without its consent by a private party in the courts of another state. [read post]
9 Mar 2012, 1:13 pm
(Significantly, Justice Kennedy, in his concurring opinion in Comstock, recently advocated a heightened rational basis scrutiny in Commerce Clause cases.) [read post]
28 Jun 2022, 10:48 am
It is now obvious why Thomas (the senior Justice in the full majority) did not keep the assignment in Dobbs. [read post]
8 Apr 2011, 3:25 pm
Based on the factors I just discussed, Tom predicted that Justice Thomas would have an opinion on Monday, and he was correct. [read post]
20 Aug 2007, 5:00 am
As with so many constitutional questions, Justice Kennedy may hold the balance. [read post]
23 Feb 2018, 12:10 pm
” Justice Samuel Alito’s dissent, joined by Justices Anthony Kennedy and Clarence Thomas, variously describes Breyer’s opinion as “incoheren[t]” and “a muddle,” and indeed the opinion provides no definitive answer regarding what appellate claims, precisely, a guilty plea that lacks explicit waivers of appeal will allow. [read post]
1 Mar 2013, 3:36 pm
” Justice Thomas authored the principal dissent, which Justice Kennedy joined in full and Justice Scalia joined in part. [read post]
3 Jul 2023, 2:35 pm
Yet Justices Gorsuch, Thomas and (mostly) Alito ruled in favor of Mallory. [read post]
12 Dec 2006, 4:03 pm
Justice Kennedy read the caselaw as clearly establishing a defendant's right to a trial free of coercion and intimidation, regardless of whether it comes from the state or from spectators. [read post]
19 May 2016, 6:52 pm
” In a lengthy dissent on behalf of herself and Justices Clarence Thomas and Stephen Breyer, Justice Sonia Sotomayor took issue with each step of the majority’s analysis. [read post]
25 Jan 2016, 9:26 am
Alito, Jr., Antonin Scalia, and Clarence Thomas joined in a dissenting opinion written by Scalia, and Thomas wrote a separate dissenting opinion for himself. [read post]
14 Jul 2010, 6:52 am
” Politico and MinnLawyer Blog report that Justice Thomas swore in his former clerk—and former SCOTUSblogger—David Stras to serve as a justice of the Minnesota Supreme Court. [read post]
5 May 2014, 8:55 am
Five Justices (Justice Kennedy, Chief Justice Roberts, and Justices Scalia, Thomas, and Alito) take the view that prayers before legislative bodies — including city councils as well as legislatures — are permissible even when they refer to theological concepts specific to particular religious traditions (such as Jesus Christ, or the resurrection). [read post]
18 Jun 2009, 7:16 am
Justice Clarence Thomas wrote for the majority in the 5-4 ruling in Gross v. [read post]
26 Oct 2020, 10:52 pm
Barrett's modesty must be contrasted with Justice Kennedy's arrogance. [read post]
23 Jan 2012, 6:45 am
” At Mother Jones, Adam Serwer criticizes the dissent by Justices Thomas and Scalia. [read post]
14 Feb 2023, 5:30 am
I do not have Rehnquist, Stevens, Kennedy, or Souter. [read post]
13 Dec 2016, 5:57 am
Justice Kennedy and Justice Ginsburg concurring opinions with Justice Breyer and Justice Sotomayor joining in the latter. [read post]
15 Feb 2012, 10:34 am
J., and KENNEDY, THOMAS, and SOTOMAYOR, JJ., joined. [read post]
