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20 Apr 2011, 9:05 am by Lyle Denniston
The Court’s opinion, written by Justice Clarence Thomas, was keyed to two main conclusions: first, the phrase “appropriate relief” in a federal spending law is not explicit enough to take away states’ immunity to money claims, even though that phrase usually is understood to include money damages, and, second, laws passed under the Constitution’s Spending Clause do not operate like a normal contract, when a state government receives the funds, even… [read post]
14 Feb 2012, 8:39 am by Marvin Ammori
FCC, 518 US 727, 783) likened access for speakers on cable platforms to the designated forum doctrine— even though cable platforms are privately owned, as Justice Clarence Thomas pointed out in his own concurrence in that case. [read post]
17 Feb 2012, 3:05 pm by Lyle Denniston
., Antonin Scalia and Clarence Thomas. [read post]
27 Mar 2022, 4:00 am by jonathanturley
Associate Justice Clarence Thomas is only the latest addition to that ever-lengthening list. [read post]
13 Jul 2016, 7:12 pm by Amy Howe
  There are several different divisions among the courts of appeals – often a key factor in the Court’s decision whether to grant review – over when and whether courts should defer to an agency’s interpretation of a regulation. [read post]
22 Jun 2015, 2:20 pm by Richard M. Re
In a rather short dissent, Justice Antonin Scalia, joined by Chief Justice John Roberts and Justice Clarence Thomas, argued that the majority had misread precedent. [read post]
13 May 2021, 8:59 am by Kalvis Golde
Three of the top six pairs include Barrett – so far she has voted alongside both Gorsuch and Justice Clarence Thomas in every case that she has participated in, and she has agreed with Justice Samuel Alito 95% of the time. [read post]
8 Jun 2015, 9:50 am by Mark Walsh
” He turns to the key provision of a 2002 act of Congress, which would allow U.S. citizens born in Jerusalem to list their place of birth as “Israel. [read post]
26 Oct 2020, 8:34 pm by Amy Howe
In a ceremony at the White House shortly after the vote, Justice Clarence Thomas administered the constitutional oath, one of the two oaths that Barrett must take. [read post]
24 Feb 2022, 8:16 am by Heather Whiteman Runs Him
Justice Clarence Thomas asked whether CFR courts, if federal rather than tribal, were ultimately Article I courts, potentially raising the issue of their authority to enforce criminal law (but perhaps not raising a double jeopardy issue). [read post]
28 Jun 2007, 12:27 pm
" To emphasize his departure from the Roberts plurality on key points, Kennedy took the highly unusual step of discussing his concurrence in remarks on the bench. [read post]
24 Oct 2016, 4:35 am by Edith Roberts
” This month marks the 25th anniversary of Justice Clarence Thomas’s accession to the Supreme Court bench. [read post]
5 Mar 2019, 7:06 am by Amy Howe
Four justices – Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh – dissented from the decision to block the law. [read post]
12 May 2022, 4:00 am by jonathanturley
” On the key element of location, there is no question that protesters are picketing and parading near the residences of justices. [read post]
15 Jul 2022, 12:23 pm by Anastasia Boden and Elizabeth Slattery
For Justice Stephen Breyer, consistency was key: For better or worse, democracy was his guiding principle. [read post]
9 Dec 2020, 11:32 am by Ilya Somin
In a dissent joined by Justice Alito, Justice Clarence Thomas argued that the Court lacks the authority to dispense with original jurisdiction cases in such a cursory fashion. [read post]
23 Apr 2018, 4:26 am by Edith Roberts
” At Jost on Justice, Kenneth Jost argues that “[o]riginalists promise in part that originalism can yield definite answers to hard legal issues and thus force judges to decide cases solely on the basis of law instead of their personal views,” “[b]ut the promise is an illusion, as seen in the dueling opinions of the two originalist justices Clarence Thomas and Neil Gorsuch” in Dimaya. [read post]
7 Jun 2016, 9:01 pm by Michael C. Dorf
On the current Court, Justice Clarence Thomas is the only textualist true believer, with the balance of the justices divided among textualist fellow travelers and what are sometimes called purposivists.By contrast with a textualist, a purposivist believes that the general purposes served by a statute should inform statutory interpretation. [read post]