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20 May 2008, 9:45 am
In the recent past, we had Justices O’Connor and Kennedy on the Court as the “swing” votes. [read post]
20 May 2008, 7:28 am
One small worry: Kennedy, Alito, Thomas, Roberts, and Scalia all refused to join parts of the opinion, the first two for vaguely libertarian reasons relating to the benefits of free markets. [read post]
19 May 2008, 9:10 pm
All appointees of Reagan, Bush I and Bush II (Justice Scalia joined by Justices Kennedy, Thomas, and Alito, and Chief Justice Roberts). [read post]
19 May 2008, 7:14 am
Justices Kennedy and Alito each filed dissents. [read post]
14 May 2008, 7:51 am
Justice Clarence Thomas dissented. [read post]
12 May 2008, 5:01 pm
Writing for everyone other than Justices Scalia and Thomas, Justice Kennedy said that this was the sort of tactical decision that was in the core of the lawyer's expertise, rather than the sort of "fundamental" issue (such as whether to plead guilty) that must be made by the client.The stakes in Gonzalez appeared to be pretty darn low. [read post]
12 May 2008, 8:12 am
Justice Thomas dissented. [read post]
12 May 2008, 3:05 am
Justice Thomas dissented; he would overrule Peretz and hold that delegation of voir dire violates the Federal Magistrates Act. [read post]
8 May 2008, 5:01 pm
I would have gladly supported President Ford's nomination of Justice Stevens, President Reagan's nomination of Justices O'Connor and Kennedy, and the first President Bush's nomination of Justice Souter. [read post]
6 May 2008, 11:48 am
Joined by Justices Alito and Thomas, Justice Scalia reads Harper -- properly in my view -- as a case applying "strict scrutin[y]" (although I think he's wrong to characterize the poll tax law as "nondiscriminatory"). [read post]
6 May 2008, 11:48 am
Joined by Justices Alito and Thomas, Justice Scalia reads Harper -- properly in my view -- as a case applying "strict scrutin[y]" (although I think he's wrong to characterize the poll tax law as "nondiscriminatory"). [read post]
5 May 2008, 1:54 pm
Here is the "upshot" of her analysis:Justices Alito, Souter, and Thomas have proved the most committed to the statutory text in the context of this criminal sentencing enhancement, even when the resulting outcome is not-so-palatable to them. [read post]
4 May 2008, 1:42 am
One common way to view his actions was that he largely abandoned originalism and instead decided cases politically to increase his power -- that is, to move from being a Scalia to being a Kennedy or O'Connor. [read post]
2 May 2008, 10:08 am
Thomas .822 2. [read post]
2 May 2008, 12:45 am
Magistrate Judge Thomas J. [read post]
30 Apr 2008, 6:23 am
"Greater scale enables us to do greater things," said Thomas Terp, Taft's managing partner. [read post]
29 Apr 2008, 7:26 am
Joined by Justices Thomas and Alito, Justice Scalia rejects the focus on "individual impacts" in ascertaining the burden imposed by a law. [read post]
29 Apr 2008, 7:26 am
Joined by Justices Thomas and Alito, Justice Scalia rejects the focus on "individual impacts" in ascertaining the burden imposed by a law. [read post]
29 Apr 2008, 6:52 am
"The evidence in the record is not sufficient to support a facial attack on the law," wrote Stevens, who was joined by Chief Justice John Roberts Jr. and Justice Anthony Kennedy. [read post]
28 Apr 2008, 3:09 pm
" In the view of these Justices, the balancing of various burdens and benefits associated with the law lay in favor of the photo-ID requirement.Concurring in the judgment, Justice Scalia, Justice Thomas and Justice Alito, asserted that challenges to laws which regulate the right to vote were to be divided along two tracks, each with a different standard of review. [read post]
