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28 Sep 2020, 10:10 am by SCOTUStalk
And so, you’d have three liberal justices and a really solid majority of six conservative justices. [00:02:01] And so it wouldn’t really so much matter anymore if one of the conservative justices peeled off to vote for with the liberal justices because there would still be a very solid majority of five conservative justices. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
”  One may wonder whether Hamilton was sincere, but it really doesn’t matter. [read post]
13 Jun 2024, 9:56 pm by Chukwuma Okoli
It also eliminates the possibility of predicting which justices may sit on a matter before each panel is constituted. [read post]
18 Apr 2019, 7:54 am by MBettman
Votes to Accept the Case Yes: Justices  Kennedy, Fischer, French and former Justices O’ Donnell and DeGenaro. [read post]
31 May 2021, 9:02 am by Richard Hunt
A useful string cite is in the footnotes for lawyers wanting authority relevant to their particular case.(6) In the meantime, the Eleventh Circuit wrote a short but useful treatise on tester standing in Kennedy v. [read post]
30 Aug 2015, 9:30 pm by Seth Kreimer
The Workplace Constitution brings to center stage a series of initiatives by civil rights advocates inside and outside of the Kennedy and Johnson administrations to deploy the Spiderman Theory in order to leverage the regulatory authority of the post-New Deal administrative state to bring racial equality to workplaces. [read post]
29 May 2009, 12:55 pm
" Justice Kennedy noted that a decision in favor of the students' damages suit would hurt "this principal who has devoted her life to the school. [read post]
3 Nov 2020, 5:42 am by bhorton
”[8] The Supreme Court does not, as a general matter, review state court judgments resting on state law.[9] “A State’s highest court,” it has repeatedly held, “is unquestionably the ultimate expositor of state law. [read post]
7 Jul 2015, 9:01 pm by Vikram David Amar
Indeed, Justice Ginsburg went out of her way to decide the Arizona matter on the basis of a broad constitutional reading of “Legislature” in the Elections Clause, when she very well could have simply held that a congressional statute on the books authorized the Arizona voters to do what they did. [read post]
1 Aug 2011, 6:00 am by Douglas NeJaime
After that, leaders of the LGBT rights movement debated the merits of marriage, both as a normative matter (for a movement founded on ideals of sexual liberty and non-normative kinship) and a strategic matter (given the other significant obstacles to lesbian and gay equality at the time); the debate between Tom Stoddard and Paula Ettlebrick, played out in the pages of Out/Look magazine, is now canonical. [read post]