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29 Jun 2017, 1:32 pm
McWilliams chose the latter option, in a 5-4 decision, with Justice Anthony Kennedy joining the majority, and Roberts, Justice Clarence Thomas, Justice Samuel Alito and Gorsuch in dissent. [read post]
29 Jun 2017, 12:28 pm
’’” And perhaps most pointedly, Kennedy reaffirmed the long-standing view that “‘courts traditionally have been reluctant to intrude upon the authority of the Executive in military and national security affairs’ unless ‘Congress specifically has provided otherwise. [read post]
28 Jun 2017, 2:04 pm
Below you can view each section of the Stat Pack individually and review our key takeaways from the Stat Pack. [read post]
28 Jun 2017, 1:15 pm
The court went out of its way to note that the ruling applies only to “express discrimination based on religious identity with respect to playground resurfacing,” which the court appeared to view as a secular use of funds. [read post]
28 Jun 2017, 9:41 am
Over the objection of Justices Neil Gorsuch and Clarence Thomas, Chief Justice John Roberts limited the sweep of the court’s opinion to the specific facts before it. [read post]
28 Jun 2017, 3:59 am
Commentary on Gorsuch’s Second Amendment views comes from Robyn Thomas and Adam Skaggs in an op-ed for the New York Daily News. [read post]
27 Jun 2017, 9:01 pm
Can I think of changes to the tax code that would be good for the economy and improve people’s lives? [read post]
27 Jun 2017, 11:52 am
This consequence for state legislatures formed the backbone of Justice Clarence Thomas’s dissent in Graham v. [read post]
27 Jun 2017, 11:23 am
Justice Thomas concurred, saying he would have ruled for the border patrol agent on Bivens grounds. [read post]
27 Jun 2017, 11:12 am
As Thomas explained, “The Court in Martinez made clear that it exercised its equitable discretion in view of the unique importance of protecting a defendant’s trial rights, particularly the right to effective assistance of trial counsel. [read post]
27 Jun 2017, 8:13 am
In their view, “It is free exercise either way. [read post]
27 Jun 2017, 7:18 am
But this limit is uncertain, especially because the court’s conservative majority has a very narrow view of what violates the establishment clause. [read post]
27 Jun 2017, 4:22 am
Commentary comes from Eric Segall at Dorf on Law, Noah Feldman at Bloomberg View, Brian Miller at Forbes, Rick Hills at PrawfsBlawg, Ruthann Robson at the Constitutional Law Prof Blog, Michael McShane at the Show-Me Institute, Lyman Stone at Vox, Thomas Berg at Mirror of Justice, In Davila v. [read post]
26 Jun 2017, 6:56 pm
” Chief Justice John Roberts dissented from the court’s decision in Hicks, joined by Thomas. [read post]
26 Jun 2017, 4:17 pm
Gorsuch dissented from today’s summary ruling, in an opinion joined by Thomas and Justice Samuel Alito. [read post]
26 Jun 2017, 3:13 pm
(Only Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented to assert that view.) [read post]
26 Jun 2017, 2:17 pm
” Justices Thomas, Alito, and Gorsuch dissented from the court’s majority opinion, because in their view, halting the injunctions of the lower courts would unfairly allow the travel ban to continue until the Court issues a final ruling. [read post]
26 Jun 2017, 1:23 pm
Justice Clarence Thomas wrote separately to indicate that, in his view, the Hernandez family could not rely on Bivens at all. [read post]
26 Jun 2017, 12:51 pm
The post A “view” from the courtroom: A day for drama on the bench appeared first on SCOTUSblog. [read post]
26 Jun 2017, 12:24 pm
Justices Thomas, Alito, and Gorsuch wrote a partial dissent from the Court’s stay expressing concern about the potential for a “flood of litigation” on such issues. [read post]