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Justice Amy Coney Barrett also asked how the Idaho law would impact a woman in this scenario. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Justice Neil Gorsuch expressed concern about the scope of the government’s power to place conditions on federal spending. [read post]
22 Apr 2024, 3:14 pm by Whitney Hodges
The unanimous opinion, authored by Justice Amy Coney Barrett, found “[n]othing in constitutional text, history or precedent supports exempting legislatures from ordinary takings rules. [read post]
22 Apr 2024, 2:49 pm by Amy Howe
” Justice Neil Gorsuch was one of the justices to broach this prospect, suggesting that it would apply to bar fines or prosecutions for actions like eating or camping in public. [read post]
22 Apr 2024, 11:17 am by Yosi Yahoudai
Barrett, Gorsuch and Kavanaugh were appointed by Trump. [read post]
16 Apr 2024, 1:34 pm by Amy Howe
Justice Amy Coney Barrett suggested that even if the court were to reject the government’s broad interpretation, Section 1512(c)(2) might still apply to Fisher. [read post]
However, this 34-page decision included concurrences by Justices Neil Gorsuch, Samuel Alito, Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett. [read post]
15 Apr 2024, 3:38 pm by Amy Howe
” Justice Brett Kavanaugh wrote his own 13-page concurring opinion, joined by Justice Amy Coney Barrett, in which he focused on how the court should deal with emergency applications in cases – like this one – involving efforts to block enforcement of a new state or federal law. [read post]
12 Apr 2024, 1:10 pm by Ilya Somin
Justice Amy Coney Barrett's opinion for the Court effectively summarizes the reasons why the idea that there is a legislative exception makes little sense: Nothing in constitutional text, history, or precedent supports exempting legislatures from ordinary takings rules. [read post]
12 Apr 2024, 10:56 am by Amy Howe
The decision was a relatively narrow one that did not come as much of a surprise after the oral argument in January, at which Justice Neil Gorsuch had observed that both Sheetz and the county were in “radical agreement” on the question that the court had agreed to decide. [read post]
During his presidency, Trump successfully nominated three conservative justices to the nation’s highest court: Neil Gorsuch, who replaced conservative predecessor Antonin Scalia; Brett Kavanaugh, who replaced the swing-voting Anthony Kennedy, and Amy Coney Barrett, who replaced progressive icon Ruth Bader Ginsburg. [read post]
26 Mar 2024, 12:12 pm by Amy Howe
Justice Amy Coney Barrett also voiced skepticism that the conscience exemptions would not provide enough protection for health-care providers opposed to abortion. [read post]
21 Mar 2024, 10:55 am by Tom Smith
“It went about as I predicted it would,” she said, sketching out what she saw to be the dynamics on the bench, with three sympathetic justices (Samuel Alito, Neil Gorsuch, and Clarence Thomas), three swing votes (Amy Coney Barrett, Brett Kavanaugh, and Chief Justice John Roberts), and three skeptics (Sonia Sotomayor, Elena Kagan, and Brown Jackson). [read post]
21 Mar 2024, 7:37 am by Amy Howe
Justice Amy Coney Barrett pressed Bidwell on the limits of her rule. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
So six justices, Chief Justice Roberts, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett all agreed with heart of the reasoning in the per curiam opinion. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
So six justices, Chief Justice Roberts, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett all agreed with heart of the reasoning in the per curiam opinion. [read post]
4 Mar 2024, 9:51 am by Ilya Somin
In a 2012 decision written when he was a lower court judge on the US Court of Appeals for the Tenth Circuit, Supreme Court Justice Neil Gorsuch upheld Colorado state officials' decision to bar from the ballot a would-be presidential candidate who was clearly not a natural born citizen. [read post]
26 Feb 2024, 4:46 pm by Amy Howe
Unlike the law schools, Barrett posited, the “social media companies are hosting speech. [read post]
8 Feb 2024, 3:45 pm by Steven Calabresi
Anderson strongly suggests a Trump victory on the grounds advanced heroically by Josh Blackman and Seth Barrett Tillman. [read post]