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11 Dec 2019, 10:54 am
” In explaining why the court cannot read a blanket discovery rule into the statute, Thomas looks to his former colleague Justice Antonin Scalia. [read post]
13 Nov 2020, 10:32 am
Smith, written by Justice Antonin Scalia, which “cut back sharply” on free exercise by establishing that religious groups are usually not entitled to faith-based exemptions from neutral, generally applicable laws. [read post]
10 Nov 2008, 9:33 pm
Fisher, the Stanford law professor arguing for the right to confront the lab chemists, had the significant benefit of Justice Antonin Scalia’s seemingly unqualified support. [read post]
26 Apr 2011, 11:10 am
Asay could only answer that she disagreed, as Justice after Justice — especially Antonin Scalia — asserted that the state was simply trying to intervene in the marketplace for drugs to promote a message that it liked and to block one that it did not like: that is, the sale of brand-name drugs. [read post]
5 May 2014, 2:17 pm
” Justice Kennedy is walking a tightrope of sorts, since we will soon learn that although he has a majority for most of his opinion (made up of the Chief Justice and Justices Antonin Scalia, Clarence Thomas, and Samuel A. [read post]
15 Oct 2013, 1:22 pm
., and Antonin Scalia (as well as Justice Clarence Thomas, who said nothing on Tuesday but is known to be a foe of affirmative action in general). [read post]
25 Jul 2007, 7:31 am
Don't let them distract you: I like a rock-hard Constitution, plain and simple, and that Constitution binds me as a judge.It's important to remember that before Antonin Scalia and Clarence Thomas, there was Hugo Black, one of the great liberal defenders of the Bill of Rights, who made originalist arguments for the positions he took. [read post]
26 Nov 2012, 3:35 am
While I would like the Court to concentrate more on criminal cases, that sentiment isn’t shared by Antonin Scalia. [read post]
21 Jun 2020, 6:15 am
Por otra parte, el licenciado José Bague explicó a Microjuris.com que el juez Gorsuch pasó a legislar durante la decisión y se alejó drásticamente de la escuela textualista del juez Antonin Scalia. [read post]
29 Feb 2012, 10:55 am
But Justice Antonin Scalia stepped in at various points to bolster the taxpayers’ constitutional grievance, and so did Chief Justice John G. [read post]
24 Jun 2016, 4:41 am
The fact that the Court split four-four means, in all likelihood, the Obama administration would have lost the case had Justice Antonin Scalia not passed away earlier this year. [read post]
21 Apr 2010, 9:16 am
Justice Antonin Scalia wrangled a bit with the idea of a service provider. [read post]
10 Mar 2018, 5:57 pm
The fact that it arose at the Supreme Court level is amusing since former Supreme Court Justice Antonin Scalia long believed it not to be a word, hating it so much that he berated a young attorney for using it in Internal Revenue Service v. [read post]
6 Apr 2016, 6:00 am
And Ariane de Vogue of CNN (via KSAT) looks at how the Court has changed since Scalia’s death. [read post]
5 Oct 2016, 4:46 am
” At Politico, Richard Primus explores the potential role of Justice Clarence Thomas on the court after the death of his fellow-originalist Justice Antonin Scalia, positing that in “a great act of turnabout, the justice long dismissed as merely copying Scalia may become the chief arbiter of what Scalian jurisprudence means. [read post]
26 Jun 2015, 1:29 pm
That Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented was unsurprising. [read post]
5 Apr 2011, 7:38 am
Writing for the Court in Bruesewitz, Justice Antonin Scalia held that the NCVIA’s express preemption provision trumps the plaintiffs’ state law defective design suit alleging that the diphtheria, tetanus, and pertussis (DTP) vaccine had caused their young daughter seizures and permanent injury. [read post]
2 Mar 2011, 11:58 am
” Justice Antonin Scalia framed the issue simply: either what Ashcroft allegedly did with the law “is a core prosecutorial function or it is not,’ and, if it is not, what difference does it make which kind of immunity should follow? [read post]
15 Oct 2013, 6:49 pm
Justice Sonia Sotomayor and Ruth Bader Ginsburg left little doubt that they would vote to strike down the ban, while Justices Stephen Breyer, Samuel Alito, and Antonin Scalia did not ask Bursch any questions at all, and the Chief Justice’s question for him can only be described as a softball. [read post]
2 Mar 2010, 8:26 am
And within a few minutes, Justice Antonin Scalia — the author of the Heller opinion and the Court’s most fervent gun enthusiast — was sarcastically dismissing the “privileges or immunities” argument. [read post]
