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5 Mar 2009, 12:36 pm
Kennedy, David H. [read post]
5 Jul 2012, 5:05 am
In an opinion that is notable for its vitriol (even by the standards of everything else that Justice Scalia has signed onto), four of the Court's five conservatives (Alito, Thomas, and Kennedy, along with Scalia) fairly scream that the taxing power must be limited by form, not substance. [read post]
11 Aug 2010, 6:05 am
Some years ago Thomas Merrill published an important study in the Cornell Law Review on this. [read post]
9 Apr 2012, 3:47 pm
Kennedy. [read post]
18 Jun 2018, 12:26 pm
Justice Clarence Thomas also wrote a separate opinion, joined by Justice Neil Gorsuch, in which he agreed that the challengers in this case have not shown that they have a legal right to sue. [read post]
17 Jun 2010, 8:56 am
KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. [read post]
9 Oct 2014, 11:41 am
Kennedy. [read post]
17 Oct 2013, 9:01 pm
Impounding appropriate money was first done by President Thomas Jefferson and was long considered an inherent presidential power. [read post]
6 May 2015, 7:52 am
Justices Alioto and Kennedy also wrote dissents. [read post]
30 May 2011, 2:08 pm
An ideologically unusual coalition of six justices (Breyer, Roberts, Kennedy, Thomas, Sotomayor, and Kagan) chose the middle-ground option. [read post]
1 Apr 2014, 12:13 am
Wednesday night, I had a really fun dinner with Ernie Svenson, Tom Mighell, Dennis Kennedy, Allison Shields, Philippe Doyle Gray, Antigone Peyton, Adriana Linares and Jason Marsh. [read post]
25 Feb 2014, 2:43 pm
Jardines), because there is no clear common law authority giving one co-tenant absolute authority to block access over another co-tenant’s consent; and Justice Thomas filed a concurring opinion to “make clear the extent of [his] disagreement with Randolph. [read post]
26 Jun 2014, 12:13 pm
Justice Antonin Scalia wrote a separate opinion that was joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito. [read post]
11 Mar 2009, 3:42 pm
Writing for the Court, Chief Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, held that in a federally regulated communications industry, there is no antitrust duty to deal, and that in any event, the predatory pricing test of Brooke Group was applicable to the predatory pricing claim in the downstream retail market. [read post]
21 Jan 2012, 1:34 pm
Justice Ginsburg wrote the opinion for the majority and was joined by Roberts, Scalia, Kennedy, Thomas and Sotomayor. [read post]
20 Jun 2011, 12:02 pm
Kennedy, and Clarence Thomas. [read post]
21 Jun 2007, 5:15 am
Zavala-Carty will be coming down by 3:52 this afternoon . . . .Players: Justice Breyer authors main decision, joined by Roberts, Stevens, Kennedy, Ginsburg, and Alito.Stevens concurs, sort of, joined by Ginsburg, sort of.Scalia and Thomas concur, but really dissent.Souter dissents (and speaks truth to power on what the decision really means for sentencing practice).Facts: Victor Rita was charged with a variety of crimes arising from false statements he made before the grand jury,… [read post]
6 Jan 2012, 6:50 am
And the ninth justice, Justice Thomas, was ready to strike it down then and there. [read post]
28 Jun 2020, 9:00 pm
The justices then asked questions in the following sequence: Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh.Sometimes this format promoted continuity, other times it disrupted the flow of the argument. [read post]
6 May 2010, 2:30 pm
Justice Anthony Kennedy often decides cases in sweeping terms, even when the result is liberal, as in Lawrence v. [read post]
