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11 Oct 2023, 2:03 pm by Amy Howe
” Justice Clarence Thomas asked Flynn what the justices should do with the challengers’ second claim – that lawmakers intended to discriminate against Black voters – if they find that District 1 was not a racial gerrymander. [read post]
11 Oct 2023, 11:17 am by John Elwood
NBCUniversal was denied as anticipated, which drew a separate opinion from Justice Clarence Thomas noting that he would be inclined to reconsider New York Times v. [read post]
11 Oct 2023, 8:12 am by jonathanturley
In discussing the Masterpiece Cakeshop decision, I wrote about the concurrence opinion that touched on this point: “While the majority opinion lacked the bold embrace of an autonomous view that some of us had hoped would emerge, the partial concurrence by Justice Clarence Thomas, joined by Justice Neil Gorsuch, hinted at something more for later cases. [read post]
11 Oct 2023, 5:52 am by Above the Law
* Clarence Thomas decides to push out a quick "the First Amendment should protect me more" opinion for funsies. [read post]
10 Oct 2023, 4:44 pm by Mark Walsh
As the argument wound down, Justice Clarence Thomas—he of the ethics concerns regarding his failure to disclose luxury yacht travel from a billionaire—showed no hesitation to jump in with a yacht question. [read post]
10 Oct 2023, 10:43 am by Kathryn Rubino
The post Clarence Thomas *Really* Wants To Re-Write First Amendment Law appeared first on Above the Law. [read post]
10 Oct 2023, 7:02 am by Amy Howe
NBCUniversal, the justices once again turned down, with a concurring opinion by Justice Clarence Thomas, a request to reconsider the court’s 1964 decision in New York Times v. [read post]
6 Oct 2023, 7:37 am by Ellena Erskine
(Clayton Henkel, NC Newsline) US government agrees to help restore sacred Native American site destroyed for Oregon road project (Claire Rush, The Associated Press) It’s Not Personal: Why Clarence Thomas’ Trip to the Koch Summit Undermines His Ethics Defense (Justin Elliott, Joshua Kaplan, & Alex Mierjeski, ProPublica) Son of Justice Antonin Scalia to Argue in Supreme Court Debut (Lydia Wheeler, Bloomberg Law) The Supreme Court Could Eviscerate Rent Control (Matt Ford, The… [read post]
6 Oct 2023, 4:00 am by Jim Sedor
Supreme Court, minus a recused Clarence Thomas, turned down a bid by attorney John Eastman to erase court rulings that described him as a linchpin in former President Trump’s bid to subvert the 2020 election. [read post]
5 Oct 2023, 2:38 pm by John Elwood
While both Justice Clarence Thomas and Justice Neil Gorsuch have criticized Sullivan and called for it to be overruled, it seems unlikely that the court will grant review; just last term, the court relied on Sullivan in holding that threats could not be prosecuted under the First Amendment absent proof they were made in reckless disregard that the listener would be placed in fear. [read post]
4 Oct 2023, 1:35 pm by Amy Howe
” But several justices were skeptical that the court should rule on the standing question now, starting with Justice Clarence Thomas, who traditionally asks the first question. [read post]
3 Oct 2023, 3:37 pm
House of Representatives committee investigating the Jan. 6 Capitol riot seeking his emails, with Justice Clarence Thomas taking the unusual step of recusing himself. ... [read post]
3 Oct 2023, 2:33 pm by Amy Howe
Justice Clarence Thomas voiced this worry first, asking Prelogar whether the appropriations clause imposes any limits on Congress, other than the requirement that it pass a law to allocate funds. [read post]
3 Oct 2023, 6:25 am by Ellena Erskine
Here’s the Tuesday morning read: On First Day of New Term, Supreme Court Hears Debate Over First Step Act (Abbie VanSickle, The New York Times)  Clarence Thomas recuses himself as Supreme Court rejects ex-Trump lawyer John Eastman’s appeal (Lawrence Hurley, NBC News) Democrats tried to protect the CFPB from politics. [read post]
2 Oct 2023, 9:01 pm by Austin Sarat
”But, as the Court begins its new term, I’m afraid we are in for more partisan hackery.Just last month we learned of Justice Clarence Thomas’s shockingly cozy relationship with, and work in support of, the Koch network, which National Public Radio calls “one of the largest and most influential political organizations in the country. [read post]
2 Oct 2023, 6:35 pm by Howard Bashman
“Supreme Court weighs sentencing law, denies appeal from Trump lawyer Eastman; Justice Clarence Thomas did not participate in the decision involving Eastman, his former law clerk, the architect of Trump’s 2020 legal strategy”: Robert Barnes and Ann E. [read post]
2 Oct 2023, 3:37 pm by Amy Howe
The justices denied a petition for review filed by John Eastman, a former clerk to Justice Clarence Thomas, in a dispute over documents sought by the House of Representative committee investigating the Jan. 6 attacks on the U.S. [read post]
2 Oct 2023, 10:09 am by Howard Bashman
“Supreme Court rejects Eastman’s bid to scrap rulings that sent his emails to Jan. 6 investigators; Justice Clarence Thomas bowed out as his colleagues rejected a petition from John Eastman”: Josh Gerstein and Kyle Cheney of Politico have this report. [read post]