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23 Jan 2019, 7:08 am by Ronald Collins
Indeed, it was not until the 1991 nomination of Justice Clarence Thomas that Republican nominees have uniformly been more conservative than their Democratic counterparts. [read post]
Bowen as the key case — the government for the proposition that substantive was to be distinguished from interpretive, and the hospitals for the proposition that substantive was to be understood as distinct from procedural. [read post]
4 Jan 2019, 2:11 pm by Amy Howe
The key vote in the case came (as it so often did) from now-retired Justice Anthony Kennedy, who agreed that the Supreme Court should stay out of the Pennsylvania case but left open the door for courts to have a role in reviewing partisan-gerrymandering cases in the future if a workable standard could be found. [read post]
28 Dec 2018, 8:43 am by Michael Lowe
Constitutional Provisions Argued Against Forfeiture in Timbs The arguments before the United States Supreme Court in Timbs are based upon one key constitutional protection found in the Bill of Rights, but other constitutional provisions also come into play here. 1. [read post]
13 Dec 2018, 11:16 am by Adam Feldman
Justice Clarence Thomas, who with 15 has had more majority opinions in this set of cases than any of the other justices, also leads in reversals with eight. [read post]
13 Dec 2018, 8:57 am by Lindsay See
It is inscribed with the names of 49 local service members, the American Legion’s symbol, and words that sound in a civic and military key, like “valor” and “courage. [read post]
11 Dec 2018, 1:20 pm by Jonathan Holbrook
A key issue in several of the campaigns was whether the candidates would or would not continue to cooperate with federal immigration enforcement. [read post]
2 Nov 2018, 5:19 pm by Lyle Denniston
Gorsuch and Clarence Thomas dissented, saying they would have shut down that trial immediately. [read post]
30 Oct 2018, 4:37 am by Lyle Denniston
Gorsuch and Clarence Thomas argued in a separate opinion that the Court should have gone further, and shut down the trial altogether until the dispute over government officials’ testimony is resolved by the Justices. [read post]
11 Oct 2018, 4:37 pm by Jennifer Chacon
It is safe to conclude that the silent Justice Clarence Thomas shares this view of the case, based on Thomas’ past votes in cases raising similar issues. [read post]
10 Oct 2018, 3:43 am by Rory Little
After politely waiting for most of his senior justices to speak (except Justice Clarence Thomas, who almost never speaks at argument, and Justice Stephen Breyer, who did not speak at all in the first hour), Kavanaugh asked his first question almost a third of the way through the hour. [read post]
1 Oct 2018, 8:34 pm
  The Democrat Party used false allegations of sexual misconduct against Justice Clarence Thomas in 1991 to derail his nomination to the U.S. [read post]
30 Sep 2018, 2:02 pm by Ilya Somin
While the job interview approach is the right general framework for assessing accusations against Supreme Court nominees, one key caveat must be kept in mind. [read post]
25 Sep 2018, 11:03 am by Amy Howe
The state court would have allowed Madison’s execution to go forward, but the Supreme Court stepped in and – over the objection of Justices Clarence Thomas, Samuel Alito and Neil Gorsuch – put the execution on hold while it considered Madison’s request for review. [read post]
25 Sep 2018, 7:11 am by Mila Sohoni
In a key passage, Scalia noted that it was not “entirely clear … that Congress can constitutionally leave it to the Attorney General to decide—with no statutory standard whatever governing his discretion—whether a criminal statute will or will not apply to particular individuals. [read post]
19 Sep 2018, 11:28 am by msatta
Those decisions—including one by then-Judge Clarence Thomas—were by judges who are as skeptical of antitrust as Judge Kavanaugh does, and they grossly exaggerated the actual holdings and language of the Supreme Court opinions. [read post]