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8 Jun 2018, 7:00 am by Jenny Gesley
His views on a bill of rights are set out in a letter to Thomas Jefferson from October 17, 1788. [read post]
7 Jun 2018, 12:36 pm by Adam Feldman
Thomas and Breyer typically have a lower level of agreement than Thomas and Kagan. [read post]
5 Jun 2018, 2:28 pm by Justin Marceau
Chief Justice John Roberts wrote a dissent joined by Justices Clarence Thomas and Samuel Alito, which echoed the dissent in Freeman. [read post]
5 Jun 2018, 9:20 am by Sandy Levinson
 But where issues are truly important, precedential "reasoning" has relatively little to be said for it  If I shared Randy Barnett's, Richard Epstein's, or Clarence Thomas's views of constitutional meaning and, more importantly, what constituted the most desirable kind of polity, then I would have no particular commitment to maintaining New Deal precedents in all of their glory. [read post]
5 Jun 2018, 8:23 am by Elizabeth Sepper
Under current law, Phillips is free to operate his business exactly as Thomas says. [read post]
5 Jun 2018, 6:13 am by Second Circuit Civil Rights Blog
For this reason, the two dissenting Justices (Ginsburg and Sotomayor) regard these as stray remarks.Justice Thomas concurs but, with Justice Gorsuch, says that the baker's cake-making is a free speech matter. [read post]
4 Jun 2018, 5:29 pm by Richard A. Epstein
Each of the three concurring opinions (by Justices Elena Kagan, Clarence Thomas and Neil Gorsuch) tries to put its own spin on the Supreme Court’s handiwork, which only compounds the uncertainty that is pushed off until another day. [read post]
4 Jun 2018, 1:52 pm by Eugene Volokh
[reasoned] that a reasonable observer would not view Phillips' conduct as "an endorsement of same-sex marriage," but rather as mere "compliance" with Colorado's public-accommodations law.... [read post]
4 Jun 2018, 11:57 am by Holland & Hart
But numerous justices, including Justices Kagan, Gorsuch, and Thomas, wrote separate concurrences to make additional points. [read post]
4 Jun 2018, 9:58 am by Lyle Denniston
  Justice Gorsuch shared Thomasviews, but also wrote a separate opinion supported by Thomas seeking to answer the two dissenting Justices. [read post]
4 Jun 2018, 8:24 am by Christine Corcos
Our 3-day conference on Law and Poetics will address the trends and urgencies in the field now, with a view to teasing out their implications for the methods and motives of knowing, and considerations of knowability. [read post]
4 Jun 2018, 8:24 am
Our 3-day conference on Law and Poetics will address the trends and urgencies in the field now, with a view to teasing out their implications for the methods and motives of knowing, and considerations of knowability. [read post]
4 Jun 2018, 7:49 am by Eugene Volokh
Four of the Justices did talk about the free speech issues here, and they split 2-to-2 (Justices Thomas and Alito would have accepted the free speech claim, and Justices Ginsburg and Sotomayor would have rejected it given the facts of this case, which in their view didn't involve any expression on the cake at all). [read post]
3 Jun 2018, 8:10 pm
  Whatever one's views, it is clear that he, more than most, has his finger on the pulse of the current moment in history, and a better understanding than many, of the nature and trajectory of changes in China. [read post]
3 Jun 2018, 1:52 pm
Legitimacy means that the law may permissibly be enforced; Rawls still needs to explain why citizens have reasons, from within their own points of view, to abide by such a law. [read post]
3 Jun 2018, 10:25 am by Guest Blogger
Professor Thomas Emerson went further, testifying to Congress that proposing language is not ratified by the states and is therefore never valid. [read post]