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31 Jul 2023, 11:50 am
Justice Thomas does not place much weight on precedent: Justice Alito says. [read post]
26 Jul 2018, 11:55 am
Sessions, Justice Anthony Kennedy joined the prior calls by Thomas and then-Judge Neil Gorsuch to reconsider “reflexive deference” to agency statutory interpretations (Chevron deference). [read post]
4 Sep 2009, 2:48 pm
Only three Justices then on the Court remain on the bench now — Justices John Paul Stevens, Antonin Scalia and Anthony Kennedy. [read post]
18 Nov 2014, 9:51 am
And, after a really long break, we're back. [read post]
29 Jul 2020, 5:04 pm
Biskupic also explains that Kavanaugh sought to separate himself from Trump: In 2018, Trump chose Kavanaugh to succeed Kennedy, convinced by advisers that the Bush loyalist would be true to Trump and his brand of conservatism. [read post]
5 Jan 2012, 4:02 pm
At 11 a.m. on Tuesday, the Supreme Court will hold one hour of oral argument on the constitutionality of the government’s ban on “indecency” on television and radio, in the case of Federal Communications Commission v. [read post]
17 Dec 2020, 11:10 pm
[I suspect the Court punted this Kentucky COVID case to avoid jumping the gun on Fulton.] [read post]
8 May 2021, 1:54 pm
These include opinions from Supreme Court Justices including Justices Sotomayor, Thomas, O'Connor, Ginsburg, and a six-Justice per curiam signed on to by Chief Justice Roberts and Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan. [read post]
11 Oct 2019, 7:12 am
” (The Kennedy Center video of the event is available here.) [read post]
28 May 2015, 8:38 am
The continuing saga of the impact of the U.S. [read post]
2 Nov 2017, 6:47 am
Justice DeWine wrote a separate concurrence, joined by Justices French and Kennedy. [read post]
4 Jun 2014, 7:42 am
And like others at the hearing (on both sides of the aisle), Schumer summoned the spirit of Thomas Jefferson, pronouncing that, “if [he] were looking down,” he would agree with the proposed amendment. [read post]
17 Oct 2013, 7:42 am
Justice Kennedy asked whether there was any evidence in other circuits which apply Hartford’s rule that it “has caused difficulties and disruption and unfairness. [read post]
29 Nov 2011, 12:15 pm
DeStefano (2009) (which concerned a city fire department), Justices Alito, Scalia, and Thomas highlighted the subjective component of liability in a civil suit for employment discrimination in a disparate-treatment case: the employer is liable if its facially legitimate reason for a decision turns out to be “just a pretext for discrimination. [read post]
4 Dec 2014, 9:01 pm
First, a crucial bloc of the Supreme Court (with Justice Kennedy being a key member) in the famous 1992 Planned Parenthood v. [read post]
29 May 2013, 9:01 pm
Most court watchers would assume that there may be four conservative members of the Court who are inclined to jettison the endorsement test, Chief Justice Roberts and Justices Scalia, Thomas, and Alito, and who would embrace the agendas of the Alliance Defense Fund, and others who are backing [read post]
30 Jun 2011, 11:00 am
” Lopez (Kennedy, J., concurring); see Wickard (explaining that Congress’s power cannot be determined “by reference to any formula which would give controlling force to nomenclature such as ‘production’ and ‘indirect’ and foreclose consideration of the actual effects of the activity in question upon interstate commerce. [read post]
4 Nov 2020, 1:27 pm
The four remaining justices – Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito – would have ruled that the mandate was unconstitutional and would have invalidated the entire ACA. [read post]
3 Jun 2014, 5:46 am
Today, as part of my stint guest-blogging about Uncertain Justice: The Roberts Court and the Constitution, I’m going to talk about free speech. [read post]
28 Jan 2007, 1:31 am
In the global arena, patents are needed to create a commercial beachhead in foreign markets and to create exclusive positions in what is otherwise becoming a borderless commercial world – the “flat” world of Thomas L. [read post]
