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13 Feb 2023, 4:00 am by Michael C. Dorf
Hawks in the Kennedy, Johnson, and Nixon administrations saw the war as a battle to stop the expansion of Godless communism in the name o [read post]
17 Oct 2013, 1:35 am by Kevin LaCroix
Supreme Court’s 2013 decision in the Amgen case (about which refer here), at least four justices (Alito, Scalia, Thomas and Kennedy) appeared to question the continuing validity of the presumption. [read post]
17 Sep 2015, 5:51 pm by Elina Saxena, Cody M. Poplin
Thomas Erdbrink of the Times writes of the Iran, which, having reached its historic nuclear compromise, is now wrestling with how to deal with the (former?) [read post]
3 Nov 2018, 9:17 am by MBettman
Thomas, 42 Ohio St. 3d 131, 133, 538 N.E.2d 93 (1989) (Under the cognizable event doctrine, a claimant does not need to “be aware of the full extent of the injury. [read post]
4 Dec 2022, 9:01 pm by Austin Sarat
Edward Kennedy that he respected the precedent of Roe v. [read post]
26 Jun 2018, 9:01 pm by Michael C. Dorf
In a concurrence, Justice Thomas cited a case holding that foreigners outside the United States lack Fourth Amendment rights as one of several grounds that he thought sufficient to defeat the plaintiffs’ claims. [read post]
27 Apr 2016, 6:47 am by Evan Lee
Justice Clarence Thomas also seems a certain vote for Mathis, given his concurrence in Descamps, in which he stated that the entire MCA violates the Sixth Amendment doctrine of Apprendi v. [read post]
9 Sep 2010, 8:26 pm by Jonathan H. Adler
 Justice Kennedy did a “masterful job” at distinguishing between looking to foreign ju [read post]
14 Feb 2018, 7:38 am by Evan Lee
(Justices Samuel Alito and Clarence Thomas concurred in the result, but did not join the court’s empirical supposition that most district judges would sentence defendants differently if they knew they were operating under the wrong guidelines range. [read post]
26 Jun 2014, 11:17 am
Justices Scalia, Thomas, and Kennedy are on the record in Hill in concluding that the “protest, education, or counseling” law was content-based. [read post]
26 Jun 2019, 8:02 am by Jason Rantanen
In his concurrence, Justice Kennedy described viewpoint discrimination as “a form of speech suppression so potent that it must be subject to rigorous constitutional scrutiny. [read post]
10 Nov 2019, 4:00 am by INFORRM
While Justice Thomas has cast some doubt on this form of analysis in his opinion in Reed v. [read post]
30 Jun 2014, 7:20 pm by Travis Weber
Writing for the majority, Justice Alito (joined by Chief Justice Roberts and Justices Scalia, Thomas, and Kennedy) held that the definition of “person” in RFRA clearly included for-profit entities – a logical conclusion only avoided by creating and accepting illogical distinctions. [read post]
9 Aug 2016, 9:01 pm by Michael C. Dorf
Although the bottom-line vote to stay the lower court injunction was 5-3, Justice Breyer wrote a separate concurrence indicating that he cast his vote as a courtesy to his four colleagues—Chief Justice Roberts and Justices Kennedy, Thomas, and Alito—who wished to hear the case on the merits.Should the Court grant review and give plenary consideration to the Gloucester County case, there will be time enough to discuss the important questions it raises about the relation… [read post]
25 May 2011, 6:57 pm by lopeznoriega
La minoría de los justices –integrada por Scalia, Alito, Thomas y Roberts- señaló que la decisión era incorrecta básicamente por el remedio que planteó la mayoría. [read post]
26 Jul 2018, 8:58 am by Adam Feldman
Catholic judges in the preceding figures include: Kennedy, Justice Antonin Scalia, Brennan, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Sonia Sotomayor. [read post]
20 Mar 2018, 7:35 pm by Anthony Gaughan
Four conservative justices dissented: Roberts, Scalia, Alito, and Thomas. [read post]
30 Aug 2013, 7:57 am by Matthew L.M. Fletcher
Only Justices Kennedy and Scalia remain from the Potawatomi decision, and only Kennedy, Scalia, and Ginsburg remain from the Kiowa majority (Thomas and Breyer dissented in Kiowa). [read post]