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9 Mar 2010, 6:47 am
Although most of the justices seemed unreceptive to the argument, Jones speculates that Justice Thomas may be “the lone Court member who is willing to incorporate the Second Amendment to the states through the Privileges or Immunities Clause. [read post]
3 Mar 2010, 3:48 am
Rather, there are probably five votes for full incorporation under the Due Process Clause.The bottom line of the oral argument, not surprisingly, is that (excepting Justice Kennedy and possibly Justice Thomas) the Justices' substantive views on gun rights and abortion rights will determine the outcome of this case:Many of the Justices who support incorporation of the Second Amendment don't want to open the door to new implied fundamental rights, which they fear might be… [read post]
2 Mar 2010, 12:34 pm
(Justice Thomas, as is his custom, asked no questions.) [read post]
2 Mar 2010, 8:26 am
Chicago, et al. (08-1521) found all members of the Court actively involved except the usually silent Justice Clarence Thomas. [read post]
2 Mar 2010, 7:49 am
"The dominant message here ... is that the emperor really doesn't have all his clothes on," said Donald Kennedy, former president of Stanford University and an organizer of the NAS review. [read post]
1 Mar 2010, 10:26 am
United States, 497 U.S. 543, 545 (1990) (Rehnquist, C.J., joined by O’Connor, Scalia, and Kennedy, JJ., dissenting). [read post]
26 Feb 2010, 2:40 pm
Paul Kennedy also has a good post on "When does a traffic stop become unreasonable? [read post]
25 Feb 2010, 1:45 pm
Kennedy separately dissents. [read post]
23 Feb 2010, 5:59 am
After the trial , it was discovered that Judge Verla Sue Hood and the prosecutor Thomas S. [read post]
19 Feb 2010, 9:42 am
Obama is clearly eager to take on the four truly conservative justices -- Samuel Alito, John Roberts, Antonin Scalia and Clarence Thomas -- as his State of the Union smackdown suggests. [read post]
19 Feb 2010, 12:03 am
Comment has focused mainly on the majority opinion – and the Court’s decision – written by Justice Kennedy. [read post]
18 Feb 2010, 2:02 pm
" Among those interviewed for that article was AALRR partner Thomas A. [read post]
16 Feb 2010, 9:20 am
Thomas Sowell is a conservative economist, which does not bother me at all. [read post]
10 Feb 2010, 7:04 am
On PrawfsBlawg, Ian Bartrum analyzes Justice Kennedy’s justifications for overruling Austin v. [read post]
9 Feb 2010, 1:30 pm
Still, without Justice Breyer, the plaintiffs would have to persuade not just the moderate conservative Justice Kennedy, but also one of the more solid conservatives (Chief Justice Roberts and Justices Scalia, Thomas, and Alito). [read post]
9 Feb 2010, 12:57 pm
Judges Kennedy, Scalia, Thomas, Roberts and Alito threaten to fundamentally cripple the democratic process in America. [read post]
8 Feb 2010, 7:30 am
Kirkland focuses on how Justice Kennedy might vote if the Court were to hear the case, and concludes that “in all probability” the Court will eventually hear the case. [read post]
5 Feb 2010, 6:19 am
Kennedy, appointed by the Commons members estimate committee, rejected some or all of Sir Thomas Legg’s demands for repayments in 44 cases, reducing the repayment bill by £180,000. [read post]
4 Feb 2010, 7:35 am
As scholars such as Randall Kennedy and Angela Onwuachi-Willig have argued, Justice Thomas undoubtedly views himself as a “race man” on the Court, to put it in terms that Marshall himself would have understood, whether or not one agrees with the uses to which Thomas has put that racial politics. [read post]
4 Feb 2010, 6:53 am
Justice Kennedy was not as forthcoming as Justice Thomas in a speech to Los Angeles lawyers at Pepperdine. [read post]
