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25 Jul 2020, 12:21 am
Kavanaugh frames the burden in terms of a "sufficient justification. [read post]
20 Jul 2020, 1:58 pm
He wrote Madison “I like much the general idea of framing a government which should go on of itself peaceably. [read post]
18 Jul 2020, 9:40 am
His goal – which I share – is to foster a genuinely pluralistic left, capable of sympathetic – or teeth-gritting – cohabitation with religious minorities, and to frame and justify a rule permitting narrow and burdened exemptions. [read post]
14 Jul 2020, 9:30 pm
Thus, the amendments would be stating negatives, that is, identifying what the federal government had no power to do.With the question thus framed, this article explores what New Originalism yields concerning the original meaning of the words “respecting an establishment of religion. [read post]
13 Jul 2020, 8:20 am
He also influenced Thomas Jefferson’s famous promises in the Declaration of Independence. [read post]
10 Jul 2020, 5:21 pm
Justice Thomas and Justice Samuel Alito wrote separate dissents. [read post]
8 Jul 2020, 4:15 am
" This framing, however, follows the traditional meaning of "invalidate": render the statute unenforceable in all regards. [read post]
6 Jul 2020, 5:54 am
Justice Clarence Thomas in concurrence also relied on the First Congress—or to be more precise, he relied on Chief Justice William Howard Taft’s interpretation of it in Myers. [read post]
2 Jul 2020, 9:31 am
As noted, Thomas’s concurrence also analyzed the case from an originalist perspective. [read post]
2 Jul 2020, 9:26 am
” Justice Clarence Thomas in a concurring opinion offered a more detailed account of the history of the habeas writ and the Suspension Clause. [read post]
26 Jun 2020, 6:19 am
”[18] Huh, indeed; that the defense expert witness disagree with some of what plaintiffs’ witnesses claimed hardly frames an issue for exclusion of any expert witness’s opinion. [read post]
25 Jun 2020, 7:00 am
Benjamin EidelsonThis post offers preliminary analysis of DHS v. [read post]
24 Jun 2020, 9:26 am
As the world continues its fight against the coronavirus, the U.S. and Chinese militaries are testing each other’s limits in the Indo-Pacific region. [read post]
24 Jun 2020, 8:34 am
Justice Clarence Thomas recently dissented from the denial of certiorari in a case involving qualified immunity, raising his “strong doubts” about the doctrine as it relates to actions brought against officers acting under the color of state law. [read post]
23 Jun 2020, 3:35 pm
According to Justice Thomas, disgorgement is not a traditional equitable remedy and can never be awarded under Section 21(d)(5). [read post]
18 Jun 2020, 11:03 pm
[The DHS Secretary erred because she rescinded the entire DACA policy, rather than just the parts CJ Roberts suggested might be unlawful] Yesterday, I posted my high-level analysis of DHS v. [read post]
18 Jun 2020, 9:05 pm
Justices Clarence Thomas and Samuel Alito voted to hear the case. [read post]
18 Jun 2020, 6:38 am
During the debate over the Civil Rights Act of 1964, some proponents did not hesitate to use the rhetoric of bigotry to insist that ending discrimination in public accommodations and other areas of life was necessary: in Senator Thomas Kuchel’s words, “Our spirit is not narrow bigotry. [read post]
17 Jun 2020, 10:25 pm
Associate Justice Thomas Lee (one of two Lees on President Trump's short list) wrote the majority opinion. [read post]
17 Jun 2020, 2:22 pm
Justice Kavanaugh wrote a dissent, joined by Justices Thomas and Gorusch. [read post]
