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Justice Clarence Thomas asked Sauer to state the source of this absolute immunity, which Sauer claimed stems from Article II, Section 1 of the US Constitution. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Both Justice Clarence Thomas and Alito raised this question, with Thomas asking Prelogar to identify other legislation under the Constitution’s spending clause that preempts criminal law. [read post]
24 Apr 2024, 5:57 am by Norman L. Eisen
These vary from Trump breaking the law and abusing power in areas like immigration roundups and energy extraction; to summarily and baselessly firing tens of thousands of civil servants whom he perceives as adversaries; to prosecuting his political opponents for personal gain and even hinting at executing some of them; to pardoning some of the convicted January 6th rioters he views as “great patriots,” “hostages,” and “wrongfully imprisoned. [read post]
19 Apr 2024, 11:11 am by DBL Law
Congratulations to DBL Law’s Managing Partner Bob Hoffer on being awarded this year’s Thomas More University Bishop Hughes Award. [read post]
  The Court did not endorse Muldrow’s view that discrimination with respect to “compensation, terms, conditions, or privileges of employment” was all that was needed to bring a claim under Title VII. [read post]
19 Apr 2024, 3:00 am by Jim Sedor
Although Byrne’s exact role with the Conservative Party is murky, she is viewed as one of the most powerful strategists in Canada. [read post]
18 Apr 2024, 2:44 pm by Josh Blackman
Justice Gorsuch's concurrence, which was joined by Justices Thomas and Alito, signals that the Court will now carefully scrutinize non-party, universal injunctions issued against state laws. [read post]
18 Apr 2024, 11:02 am by Josh Blackman
Justice Gorsuch's concurrence, which was joined by Justice Thomas and Justice Alito speaks clearly to this issue. [read post]
18 Apr 2024, 7:43 am by Daniel J. Gilman
And it’s not as if the views represented were uniform throughout—hardly. [read post]
17 Apr 2024, 11:35 am by Eugene Volokh
After defendants Thomas Rousseau and Trevor Valescu appeared in the action, the court directed the Clerk to provide defense counsel a copy of the order granting Plaintiff Doe permission to proceed pseudonymously. [read post]
16 Apr 2024, 6:49 am by Samuel Bray
Justice Alito joined Justice Gorsuch and Justice Thomas in opposing universal injunctions, I think for the first time. [read post]
16 Apr 2024, 4:00 am by Eric Segall
MADISON: THE POLITICAL TURNS PERSONAL AND THE PERSONAL TURNS  POLITICALMost academics view much of Marbury v. [read post]
15 Apr 2024, 3:38 pm by Amy Howe
The ruling was also noteworthy for the extent to which several members of the court aired their views – and their differences – on the court’s emergency docket, which has grown in both size and prominence in the past several years. [read post]
15 Apr 2024, 5:20 am by Michael C. Dorf
" Because Hill and Thomas are both Black, one might have thought that her highly credible allegations of grossly inappropriate sexual comments could not plausibly be compared to the kinds of extrajudicial responses to unjust and racist accusations that characterized America's long history of lynchings, but so deep is the vein of racial pain that Thomas and his Bush I administration handlers had little difficulty turning that pain to their advantage. [read post]