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12 Dec 2022, 9:01 pm
Oral arguments are even harder to read these days because the arguments very often run well beyond their allotted times (and thus Justices say so many things it’s hard to know what each Justice cares most about).But even though we’ll all just have to wait until June or so to really know what will happen in Moore, many commentators are suggesting that there appears to be a majority (Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson for sure, and quite possibly Chief Justice… [read post]
12 Dec 2022, 9:43 am
Then-Judge Brett Kavanaugh dissented on the basis that semiautomatic rifles have been in lawful use for over a century and pass Heller's common-use test. [read post]
7 Dec 2022, 2:22 pm
(William Hennessy) This argument seemed to gain some traction with Justice Brett Kavanaugh, who stopped short of endorsing a sweeping interpretation of the elections clause that would give legislatures near-complete authority. [read post]
6 Dec 2022, 2:25 pm
(Justice Brett Kavanaugh joked that he had once attended a hearing held “to serve coffee and doughnuts” – the phrase sarcastically adopted by the U.S. [read post]
5 Dec 2022, 4:18 pm
Justice Brett Kavanaugh, who is often a key vote in closely divided cases, echoed Kagan’s concern. [read post]
4 Dec 2022, 9:01 pm
”During his 2018 confirmation hearing, Justice Brett Kavanaugh echoed his colleagues’ expression of respect for Roe. [read post]
2 Dec 2022, 9:57 am
ShareThe Supreme Court on Monday will revisit a long-simmering tension between legal protections for LGBTQ people and the rights of business owners who oppose same-sex marriage. [read post]
1 Dec 2022, 2:55 pm
In the Supreme Court’s brief order, Justice Brett Kavanaugh also declined to vacate an injunction blocking the plan from taking effect while litigation pends. [read post]
1 Dec 2022, 6:30 am
Given that Justices Samuel Alito and Brett Kavanaugh write concurrences that seem to limit Bruen to the facts of New York’s permitting law, it’s not even clear what the scope of this new decision is. [read post]
US Supreme Court allows Missouri to carry out execution despite claims of racial bias in prosecution
30 Nov 2022, 9:59 am
The petition to the US Supreme Court was presented to Justice Brett Kavanaugh and subsequently denied. [read post]
29 Nov 2022, 1:55 pm
Justice Brett Kavanaugh also seemed inclined to hold that the states would have standing to challenge the policy. [read post]
22 Nov 2022, 5:27 pm
Rounding out the panel is Britt Grant, another Trump appointee, whose professional history includes a clerkship with Brett Kavanaugh and a stint in the Bush administration. [read post]
19 Nov 2022, 8:02 am
Circuit alums Justices Brett Kavanaugh and Ketanji Brown Jackson, and Attorney General Merrick Garland. [read post]
18 Nov 2022, 10:54 am
The Biden administration’s request goes first to Justice Brett Kavanaugh, who fields emergency appeals from the 8th Circuit. [read post]
16 Nov 2022, 1:38 pm
Supreme Court Justice Brett Kavanaugh previously described as Louisiana’s last Jim Crow law. [read post]
13 Nov 2022, 9:04 pm
” The justices seemed unconvinced, prompting a skeptical Justice Brett Kavanaugh to observe that “‘wholly unrelated’ is doing a ton of your work in your answers,” and prompting Justice Alito to ask California’s lawyer to clarify what he meant when he said that morality bans on imports could not be upheld if the connection between the moral interest and the product was too “attenuated. [read post]
11 Nov 2022, 9:22 am
Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh emphasized how the statute uses the word rights “over and over again” and requires recipients to “protect” those rights; Robbins urged the court to look beyond isolated word to focus on the statute’s “unambiguous focus” on the officers and offices regulating facilities rather than facility residents. [read post]
9 Nov 2022, 3:02 pm
” For Justice Brett Kavanaugh, however, it was a harder question. [read post]
9 Nov 2022, 1:49 pm
However, Justices Samuel Alito and Brett Kavanaugh voiced concern over providing Congress unlimited power in such matters. [read post]
8 Nov 2022, 9:05 pm
Justice Brett Kavanaugh’s plurality opinion reiterated that “content-based laws are subject to strict scrutiny” but claimed that its decision was not intended to “affect traditional or ordinary economic regulation of commercial activity. [read post]