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14 Dec 2010, 7:48 am by Adam Schlossman
  Yet originalist Justices, like Antonin Scalia and Clarence Thomas, pay no attention to this history in condemning affirmative action. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). [read post]
15 Jun 2019, 8:00 am by Guest Blogger
  He asserts that the legalist originalism (Bork; Scalia;Meese) that he would have had me take to be my dependent variable for this book, w [read post]
The Senate Judiciary Committee is scheduled to begin hearings Sept. 4 on the nomination of Judge Brett Kavanaugh to the U.S. [read post]
10 May 2013, 1:35 pm by Ronald Collins
And I think that is because, as Justice Antonin Scalia has said, they would not have been appointed by the presidents who chose them if they did not have something in common with those presidents’ ideological views. [read post]
11 Jun 2018, 2:54 pm by George Conway
Calabresi rightly observes that the best explanation of the Appointment Clause’s meaning may be found in Justice Antonin Scalia’s opinion for the Supreme Court in Edmond v. [read post]
7 Jun 2016, 6:01 am by Benjamin Wittes
As Antonin Scalia once wrote, the vesting of the Executive Power in the hands of the President “does not mean some of the executive power, but all of the executive power. [read post]
4 Nov 2014, 7:50 am by Rory Little
In the most recent ACCA decision, three years ago in Sykes, Justice Antonin Scalia strongly stated his view in dissent (which he had first suggested in James), that because “the clause is too vague to yield ‘an intelligible principle,’” the residual clause of the ACCA should be declared unconstitutionally vague. [read post]
2 Jul 2013, 7:34 am by Stephen Wermiel
Justice Ruth Bader Ginsburg read dissents in the Courtroom on Monday and Tuesday, and Justice Antonin Scalia followed suit on Wednesday. [read post]
4 Nov 2015, 6:18 am by Evan Lee
Justice Antonin Scalia made it clear that he thinks this “battle of the canons” results in a draw, and therefore that the rule of lenity should tip the case toward Lockhart. [read post]
4 May 2015, 12:41 pm by Josh Wheeler
” Although the Chief Justice’s analysis answers the question of whether the First Amendment permits restricting solicitation of funds by judicial candidates, Justice Antonin Scalia notes in dissent that a number of “real-world questions” remain unanswered. [read post]
3 Apr 2019, 10:08 am by Adam Feldman
Thomas voted most closely with Justice Antonin Scalia. [read post]
22 Oct 2011, 3:35 pm by Jeff Gamso
  The very short version is that he thinks the Constitution's intent (ignore here the question of whether a document can have an intention) is more important than its content.I have my doubts, too, about the approaches of Antonin Scalia and Clarence Thomas. [read post]
17 Nov 2016, 7:54 am by Victoria Kwan
The Supreme Court Bar gathered at One First Street for a memorial to Justice Antonin Scalia on November 4. [read post]
10 Apr 2017, 1:20 pm by Mark Walsh
It is reminiscent of March 16, 2016, when President Barack Obama announced Chief Judge Merrick Garland as his nominee to succeed the late Justice Antonin Scalia. [read post]
8 Nov 2011, 11:12 am by Lyle Denniston
  The occasional suggestion during the argument by Justice Antonin Scalia, that state legislatures can deal adequately with such a threat, did not appear to be anywhere close to what the majority was thinking. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
If fully adopted, it would act as a very substantial limit on the power of Congress to assign executive authority to high-ranking personnel who do not serve at the pleasure of the President.For a leading example of what the unitary executive theory entails, consider Justice Antonin Scalia’s dissent from the Supreme Court’s 1988 decision in Morrison v. [read post]
9 Jun 2015, 1:58 pm by Michael Ramsey
The majority assumes its way past this problem; Justice Antonin Scalia in dissent, though usually a careful examiner of Congress’s power, somewhat surprisingly finds power here on the basis of very broad emanations from the naturalization power. [read post]
11 Nov 2014, 10:02 am by Ronald Mann
So, for example, Justice Antonin Scalia (apparently seconded by Justice Sonia Sotomayor) seemed to be trying out a long string of ideas that had as their common theme the capacity to justify a decision in favor of the employees. [read post]