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19 Feb 2024, 8:14 am
[Justice Kavanaugh was right. [read post]
14 Feb 2024, 3:05 pm
Indeed, to call it a “too clever by half … cabalistic overreading” (see Michael Dorf, quoting Akhil Amar) might, if anything, give it too much credit. [read post]
12 Feb 2024, 9:01 pm
Because the case was decided just a year after the adoption of the Fourteenth Amendment, Justice Kavanaugh said, it provides very good evidence of the original meaning of Section 3. [read post]
8 Feb 2024, 2:41 pm
Kavanaugh, meanwhile, returns several times to the 1869 case. [read post]
28 Jan 2024, 4:58 pm
Section council members have included Justices William Rehnquist, Stephen Breyer, Antonin Scalia, Brett Kavanaugh, and Ketanji Brown Jackson and many legends of the practice of law including Ron Cass, Neil Eisner, Michael Fitzpatrick, Russell Frisby, Ernest Gelhorn, Kristin Hickman, Linda Jellum, Sally Katzen, Kathryn Kovacs, Renée Landers, Ron Levin, Jane Luxton, Jeffery Rosen, Anna Shavers, Peter Strauss, Tom Sussman, Chris Walker, and Richard Wiley. [read post]
25 Jan 2024, 6:55 pm
The brief here has the names of my old adversaries who made that argument countless times, Mark Stern and Michael Raab. [read post]
25 Jan 2024, 5:01 am
I'm delighted to pass along this item from Prof. [read post]
22 Jan 2024, 6:46 pm
” Michael C. [read post]
18 Jan 2024, 10:06 am
And at “Dorf on Law,” Michael C. [read post]
11 Jan 2024, 2:58 pm
First, as then-Judge Kavanaugh noted, the FCC’s 2015 decision included no finding of market power. [read post]
11 Jan 2024, 6:51 am
Michael J. [read post]
9 Jan 2024, 12:05 pm
Ct. 2228, 2304–10 (2022) (Kavanaugh, J., concurring). [read post]
21 Dec 2023, 9:02 pm
Indeed, one imagines that Trump’s appointees—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—would be especially uncomfortable about being seen as doing a favor for the man who put them where they are. [read post]
14 Dec 2023, 9:01 pm
Supreme Court.In addition to Justices Thomas and Alito, Justice Brett Kavanaugh also noted that he would have granted the cert petition. [read post]
30 Nov 2023, 4:28 am
But the three remaining justices (Kavanaugh, Chief Justice John Roberts, and Justice Amy Coney Barrett) seemed open to the possibility of accepting the statutory apparatus. [read post]
30 Nov 2023, 4:00 am
Justice Kavanaugh asked one question of Deputy SG Fletcher about the removal issue and got a short reply. [read post]
24 Oct 2023, 9:01 pm
Nonetheless, there is reason to hope that Justices Brett Kavanaugh and Amy Coney Barrett—who fully joined Justice Gorsuch’s opinion in Whole Woman’s Health but did not join his statement in Missouri v. [read post]
22 Oct 2023, 9:10 am
In July 2021, Missouri Governor Michael L. [read post]
13 Oct 2023, 7:31 am
” As Justice Kavanaugh put it pithily: “No concrete harm, no standing. [read post]
3 Oct 2023, 5:25 pm
The scenario: someone is charged with a serious crime in federal court. [read post]
