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8 Jan 2014, 9:00 am
The Press describes the book as follows:Though Clarence Thomas has been a Supreme Court Justice for nearly 25 years and has written close to five hundred opinions, legal scholars and pundits have given him short shrift, often, in fact, dismissing him as a narrow partisan, a silent presence on the bench, an enemy of his race, a tool of Antonin Scalia. [read post]
7 Jan 2014, 1:02 am
He was so often alone in his opinions during his 14 years as associate justice that he set a Court record of 54 unaccompanied dissents…” In 1985 President Ronald Reagan nominated Rehnquist as Chief Justice and nominated Antonin Scalia to fill Rehnquist’s seat. [read post]
6 Jan 2014, 6:26 am
The Justices were split five to four; three in the majority – Justices Antonin Scalia, Clarence Thomas and Samuel Alito – defended their action and criticized the arguments made in a dissent by Justice Stephen Breyer that was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. [read post]
6 Jan 2014, 5:54 am
But, as Justice Antonin Scalia’s dissent pointed out, the Brandeis “bon mot” related to being let alone by the government—not empowering the government to suppress speech that might cause some level of discomfort. [read post]
31 Dec 2013, 8:38 am
During oral arguments, what many considered controversial remarks made by Justice Antonin Scalia instigated a debate that became volatile in the press and political Sunday shows and comic late night TV shows. [read post]
31 Dec 2013, 4:47 am
Briefly: In The Washington Post, Robert Barnes observes that although, “[a]s smart as they are, Supreme Court justices sometimes falter when they predict the consequences of their decisions,” Justice Antonin Scalia’s predictions on same-sex marriage – made in his dissent in United States v. [read post]
27 Dec 2013, 5:44 am
Windsor, could be read to support either side in his case....To resolve the tension, Judge Shelby looked to Justice Antonin Scalia’s dissenting opinion in Windsor. [read post]
21 Dec 2013, 7:11 am
Board of Education was correctly decided using the original public meaning approach of Justices Antonin Scalia and Clarence Thomas. [read post]
21 Dec 2013, 4:31 am
What does former Professor, now Justice, Antonin Scalia have to do with the controversy over Michelle Lee’s appointment? [read post]
19 Dec 2013, 11:39 am
Second, for those of you who are interested in textualism and claim construction, Landslide recently published my review of Justice Antonin Scalia and Professor Bryan A. [read post]
11 Dec 2013, 10:53 am
” But that tactic only got Regan so far, with Justice Antonin Scalia telling him that, applying his rule to a routine case, the child would still almost certainly be returned. [read post]
10 Dec 2013, 10:35 am
As the argument unfolded, it appeared that one or both of those challenges got a sympathetic hearing from Justice Antonin Scalia — but, in the main, only from him. [read post]
5 Dec 2013, 6:40 am
Apel had been banned from protesting within Vandenberg Air Force Base (in an area set aside for protests) after convictions for vandalism and trespass.But Justice Antonin Scalia said the question before the court did not involve the First Amendment. [read post]
4 Dec 2013, 10:10 am
“You can raise it, but we don’t have to listen to it,” Justice Antonin Scalia bluntly remarked to the protester’s lawyer — Erwin Chemerinsky, dean of the UC Irvine School of Law. [read post]
2 Dec 2013, 6:24 am
There was no explanation, but the justices apparently were looking for an opportunity to decide the more narrow issue on when the drugs could be prescribed.Another case — on a fundamental civil rights rule that a public policy may be found discriminatory because of its results, rather than any biased intent — was scuttled when the lawsuit was settled just before oral arguments.The court got rid of one case after it became clear during oral arguments that it had fundamental flaws… [read post]
28 Nov 2013, 9:35 am
Only the old culture warrior, Antonin Scalia, can be counted on to acknowledge the deeper issues in play. [read post]
25 Nov 2013, 7:24 am
Original Purpose (interpretation the best reflects Framers’ original purposes) --Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series; Princeton University Press (July 27, 1998) (ISBN-9780691004006)) READ pp. 3-18 and… [read post]
24 Nov 2013, 7:21 am
Unless this changes, picture a federal appellate bench composed of numerous Antonin Scalias and Clarence Thomases, not fully offset by Elena Kagans and Stephen Breyers.Let me restate the boldfaced part to say what I think is true: Democrats know that the vigorous left-liberals they'd like to see on the bench would be viewed by the American people as ideologically extreme and unsuited for judicial work.The reason the Republicans seem to get away with leaning further toward… [read post]
23 Nov 2013, 3:08 pm
Original Purpose (interpretation the best reflects Framers’ original purposes) --Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series; Princeton University Press (July 27, 1998) (ISBN-9780691004006)) READ pp. 3-18 and… [read post]
21 Nov 2013, 10:57 am
(pp. 42-43) and Justice Antonin Scalia (pp. 31-32) posed during oral argument of Bond v. [read post]
