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21 Jun 2017, 10:58 am
Only three justices – Chief Justice Roberts, Justice Breyer, and Justice Thomas – joined Justice Alito in these remaining sections, limiting their precedential value. [read post]
20 Jun 2017, 12:46 pm
” In the remainder of his plurality opinion, joined by Chief Justice Roberts and Justices Thomas and Breyer, Justice Alito analyzed and rejected the government’s remaining arguments, discussed in our prior post, in favor of the disparagement clause: the federal trademark registration system is not a government subsidy program in which the government can selectively promote particular viewpoints; the system also is not a “government program”—an argument… [read post]
20 Jun 2017, 12:46 pm
” In the remainder of his plurality opinion, joined by Chief Justice Roberts and Justices Thomas and Breyer, Justice Alito analyzed and rejected the government’s remaining arguments, discussed in our prior post, in favor of the disparagement clause: the federal trademark registration system is not a government subsidy program in which the government can selectively promote particular viewpoints; the system also is not a “government program”—an argument… [read post]
20 Jun 2017, 11:33 am
Public Service Commission of New York and a majority of the justices did not agree on the appropriate framework for evaluating a First Amendment challenge to provisions of the federal trademark law, it is clear from Alito’s opinion (joined by Chief Justice John Roberts and Justices Clarence Thomas and Stephen Breyer) that trademark laws must at least survive Central Hudson’s intermediate-scrutiny analysis. [read post]
20 Jun 2017, 11:30 am
Justice Kennedy wrote the majority opinion, joined by Chief Justice Roberts and Justice Alito in full, and in part by Justice Thomas. [read post]
20 Jun 2017, 11:30 am
Justice Kennedy wrote the majority opinion, joined by Chief Justice Roberts and Justice Alito in full, and in part by Justice Thomas. [read post]
20 Jun 2017, 11:25 am
Thus, on this point, the majority was actually in the minority as only Roberts, Breyer, and Alito seemed to resist this step. [read post]
20 Jun 2017, 5:04 am
” But Justice Alito, joined by Roberts and Thomas, concurred only in the judgment. [read post]
20 Jun 2017, 4:29 am
” At PrawfsBlawg, Howard Wasserman weighs in on the decision here, and Will Baude looks at Justice Clarence Thomas’ separate opinion, in which Thomas expressed “skepticism … about the doctrine of qualified immunity,” here. [read post]
19 Jun 2017, 7:37 pm
Four justices – Justice Samuel Alito, joined by Chief Justice John Roberts and Justices Clarence Thomas and Stephen Breyer – invalidated the disparagement clause on First Amendment grounds. [read post]
Opinion analysis: Justices throw out most claims against federal officials in post-September 11 case
19 Jun 2017, 6:03 pm
Joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito, Kennedy reasoned that the plaintiffs’ claims challenging the conditions of their detention “pursuant to a high-level executive policy created in the wake of a major terrorist attack on American soil” “bear little resemblance to the three Bivens claims the Court has approved in the past. [read post]
19 Jun 2017, 4:19 pm
Nevertheless, Alito, Chief Justice Roberts, and Justices Clarence Thomas and Stephen Breyer rejected the government’s contentions that the disparagement clause is proper either under the cases upholding government subsidies of speech expressing viewpoints or under the cases involving special government programs. [read post]
19 Jun 2017, 1:25 pm
Alito had equally strong words (if not more so) for Breyer’s opinion in McWilliams’ case today, in a dissent joined by Chief Justice John Roberts and Justices Clarence Thomas and Neil Gorsuch. [read post]
19 Jun 2017, 12:47 pm
He is joined in full by Roberts and Alito, and for the most part by Thomas. [read post]
19 Jun 2017, 12:33 pm
Three others (Alito, Roberts and Breyer) said they need not reach the issue because the restriction does not pass even the lower hurdle for commercial speech. [read post]
19 Jun 2017, 12:05 pm
Alito, Jr., and Clarence Thomas. [read post]
19 Jun 2017, 11:40 am
That would just repeat the 2004 pattern, with Ginsburg and Breyer getting the votes of Kagan and Sotomayor and articulating some kind of doctrinal test, Kennedy agreeing with them only to say that the question is justiciable (i.e., not within the "political question" doctrine), and Thomas still saying it's a political question and joined perhaps by Roberts, Alito, and Gorsuch (or those 3 could go along with Kennedy). [read post]
19 Jun 2017, 11:21 am
Kennedy, and Clarence Thomas. [read post]
19 Jun 2017, 11:02 am
J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Thomas, J., joined except for Part II, and an opinion with respect to Parts III–B, III–C, and IV, in which Roberts, C. [read post]
19 Jun 2017, 10:52 am
” Justice Samuel Alito, in an opinion that was joined by Chief Justice John Roberts and Justice Clarence Thomas, agreed with Kennedy – to a point. [read post]
