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13 Dec 2021, 3:38 pm
How do Justices Kavanaugh and Barrett address these arguments? [read post]
12 Dec 2021, 9:01 pm
This stance has been exacerbated by their predilection to demand so-called “church autonomy” from neutral, generally applicable laws.Prof. [read post]
10 Dec 2021, 9:49 am
[W]e agree with these observations in principle and disagree only on their application to the facts of this case. [read post]
8 Dec 2021, 5:00 am
One could read this text 1000 times but there is no clear answer and its applicability outside the militia context must be determined by judges employing other methods of constitutional interpretation, such as recourse to history, policy, federalism, and personal values and experiences. [read post]
7 Dec 2021, 5:54 pm
First, the applicant must meet precise eligibility requirements under the statute. [read post]
7 Dec 2021, 2:55 pm
That oversight does not determine the application of Section 924(c). [read post]
3 Dec 2021, 12:06 pm
Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, concurred in that denial on the ground that the court’s emergency docket was not the right place to resolve the merits of the workers’ claims. [read post]
29 Nov 2021, 3:15 pm
Lo and behold, Justice Barrett did not reach the question about whether Smith should be overruled, because the Philadelphia policy was not neutral and generally applicable. [read post]
29 Nov 2021, 5:00 am
During his four years in office, Trump placed three justices – Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – on the court, cementing a 6-3 conservative majority. [read post]
22 Nov 2021, 9:12 am
Justice Amy Coney Barrett filed a concurrence, which was joined by Justice Brett M. [read post]
19 Nov 2021, 3:00 am
Steve Bannon Indicted After Refusal to Comply with Jan. 6 Committee Subpoena MSN – Devlin Barrett, Jacqueline Alemany, and Spencer Hsu (Washington Post) | Published: 11/12/2021 Former White House adviser Stephen Bannon was charged with two counts of contempt of Congress after refusing to comply with a subpoena from the House committee investigating the January 6 attack on the U.S. [read post]
2 Nov 2021, 7:04 am
The piece is titled, In Texas Abortion Case, Kavanaugh and Barrett Caved to Judicial Supremacy. [read post]
1 Nov 2021, 8:40 pm
So we can assume that this will be across the board equally applicable as the Firearms Policy Coalition says to --to all constitutional rights? [read post]
1 Nov 2021, 2:00 pm
To be sure, even in those contexts, I think the Court's definition of novelty is far too expansive, treating as novel cases that ought to be deemed straightforward applications of existing law. [read post]
31 Oct 2021, 11:17 am
Seth Barrett Tillman and I have described the basis for equitable jurisdiction in Young in very similar terms: In Young, the government was regulating the railroad company. [read post]
30 Oct 2021, 5:09 pm
Justice Barrett wrote in part:When this Court is asked to grant extraordinary relief, it considers, among other things, whether the applicant “‘is likely to succeed on the merits. [read post]
30 Oct 2021, 12:47 pm
" When this Court is asked to grant extraordinary relief, it considers, among other things, whether the applicant "'is likely to succeed on the merits.'" Nken v. [read post]
30 Oct 2021, 12:18 pm
But Justices Barrett and Kavanaugh expressed reservations. [read post]
30 Oct 2021, 9:25 am
Justice Barrett wrote: When this Court is asked to grant extraordinary relief, it considers, among other things, whether the applicant "'is likely to succeed on the merits.'" Nken v. [read post]
29 Oct 2021, 11:06 am
In his four years in office, Trump put three justices — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — on the court, guaranteeing a solid 6-3 conservative majority for the foreseeable future. [read post]
