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27 Mar 2012, 12:25 pm by David Bernstein
[Roberts might have added that it's hard to have "substantive due process" without the due process clause] But later Roberts add his own gratuitous reference to Lochner that undermines his previous point: And it would be — it would be going back to Lochner if we were put in the position of saying no, you [Congress] can use your commerce power to regulate insurance, but you can’t use your commerce power to regulate this market in other ways. [read post]
8 Jan 2020, 3:41 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman “looks at some of the key words [Chief Justice John] Roberts uses in Year End Reports,” as well as “at some of the top words in [Roberts’] opinions released in the month of June. [read post]
22 Feb 2010, 3:00 am by Larry Bodine
  The survey was developed by Robert Half Legal, a leading staffing service specializing in attorneys, paralegals and other highly skilled legal professionals. [read post]
11 Jul 2022, 3:05 pm by Josh Blackman
Don't forget Justice Scalia's barb from his dissent in Los Angeles v. [read post]
16 Mar 2016, 10:07 pm by News Desk
Maine and Connecticut have passed similar bills, but won’t begin enforcement until other states in the region join the movement. [read post]
13 May 2024, 1:06 pm by Yosi Yahoudai
“What today’s verdict means for me is that I don’t have to look over my shoulder for right now. [read post]
19 May 2009, 5:01 pm
She also says she wasn't the only one to criticize the Duke program right from the outset (she's right), but that people have made her the face of the enemy. [read post]
3 May 2010, 11:04 am by Jeff Gamso
  Chief Justice Roberts wrote the opinion which was joined by the usual suspects (Scalia, Thomas, and Alito), the man who holds the constitution in his hands (Kennedy), and one of the moderates (Ginsburg). [read post]
16 Mar 2010, 2:55 pm by Eugene Volokh
(My view is that a mandatory recall would clearly be unconstitutional, since the Constitution expressly states that Senators serve for six years; and while I have suggested that an advisory recall might be fine — though it probably wouldn’t be a sound application of this particular New Jersey statute — the court didn’t adopt that approach.) [read post]
29 Jun 2008, 7:56 pm
Long tells us that Chief Justice Roberts' dissent in Sprint Communications v. [read post]
3 Aug 2008, 7:24 am
  Judge Roberts responded to the analogy: Well, I think I agree with your point about the danger of analogies in some situations. [read post]