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8 Jun 2014, 9:01 pm
Thomas Paine would be flabbergasted. [read post]
23 May 2017, 1:43 pm
In fact, that is why Justice Clarence Thomas voted with the liberal justices to toss out these two districts. [read post]
12 Jun 2009, 10:34 am
The opinion concludes by quoting Brandeis's hoary chestnut about states as laboratories of experiment, thus throwing the "federalism" gauntlet before, say, Anthony Kennedy, who often writes of the "dignity" of states and the necessity of federal courts to protect that dignity against those who would unduly limit state autonomy. [read post]
28 Nov 2011, 11:19 am
Thus, in Herring, Chief Justice Roberts, joined by Justices Scalia, Kennedy, Thomas, and Alito, held that Leon‘s cost-benefit analysis did not merit exclusion of evidence obtained in violation of the Fourth Amendment as a result of one-time police negligence – execution of an arrest warrant that police in a neighboring county already had rescinded, unbeknownst to the [read post]
16 Jan 2022, 8:58 am
ShareAt the beginning of World War II, the heir of a prominent German Jewish art collector was forced to surrender her family’s Camille Pissarro painting to the Nazis. [read post]
31 May 2017, 4:59 am
At The George Washington Law Review’s On the Docket blog, David Levine and Thomas Kearns discuss the court’s decision in Midland Funding, LLC v. [read post]
15 Jan 2013, 12:30 pm
Kennedy. [read post]
11 Feb 2021, 9:03 pm
Justice Neil Gorsuch, Justice Clarence Thomas, and Justice Samuel Alito supported lifting all of the restrictions on religious gatherings, arguing that California had “openly imposed more stringent regulations on religious institutions than on many businesses. [read post]
30 Apr 2015, 4:16 pm
(Justice Clarence Thomas did not ask any questions, but we would expect him to vote for the state as well.) [read post]
10 Aug 2016, 8:27 am
Justice Thomas discussed this history in his 2000 opinion in Mitchell v. [read post]
18 Mar 2019, 10:26 am
Justice Samuel Alito’s dissent was joined by Chief Justice John Roberts and Justices Antonin Scalia and Anthony Kennedy. [read post]
8 Oct 2014, 9:20 am
” When Berreth tried to argue that the merits nevertheless were before the Court, Justice Kennedy flatly stated that his point was “contrary to” the existing precedent, “as Justice Ginsburg has just indicated. [read post]
7 Oct 2009, 6:59 am
Times, the Wall Street Journal, and NPR also have coverage, and at the National Law Journal, Tony Mauro highlights Justice Kennedy's point that "the Court has never found a law restricting speech to be constitutionally acceptable just because prosecutors have so far used restraint. [read post]
25 Jun 2015, 10:21 am
THE DISSENTING OPINION Justice Alito authored the dissent, joined by Scalia and Thomas, J.J. [read post]
28 Jun 2012, 10:30 pm
In all five Justices rejected the argument that the individual mandate of the ACA would pass Constitutional muster under the Commerce Clause, Chief Justice Roberts, Justices Scalia, Kennedy, Thomas and Alito. [read post]
17 Dec 2022, 9:05 pm
McDonough, multiple recent and current justices have critiqued the doctrine, including Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Gorsuch, and Kavanaugh. [read post]
7 Sep 2010, 1:57 pm
The conservative Justices are presented as more likely to engage in ideological hiring (Justice Thomas is the poster child) than are the liberal Justices. [read post]
4 May 2015, 12:41 pm
” Similarly, in his dissent Justice Anthony Kennedy wrote that “[t]he law comes nowhere close to being narrowly tailored. [read post]
15 Aug 2011, 2:32 pm
Justice Anthony Kennedy’s June 2011 opinion in Bond v. [read post]
23 Apr 2018, 2:33 pm
If that summary captured the entire argument, I might have expected a strong majority to rule in favor of the existing appointments, perhaps with a dissent from Roberts and Justices Clarence Thomas and Neil Gorsuch. [read post]
