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16 Jan 2018, 5:00 am
The Supreme Court granted certiorari while Justice Antonin Scalia was still on the bench and added a question-presented concerning whether the policy violated the take care clause. [read post]
3 Apr 2024, 4:00 am
With the election of Ronald Reagan in 1980 and his appointment of conservative elites to the courts and Department of Justice, particularly Antonin Scalia and Edwin Meese, the tide began to turn. [read post]
17 Jun 2021, 7:30 am
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
4 Dec 2019, 7:41 am
As Scalia noted in RadLAX Gateway Hotel, LLC v. [read post]
27 Jun 2011, 10:11 am
The checks were “reasonable, employment-related inquiries that further the government’s interests in managing its internal operations,” Justice Antonin Scalia concluded for the court. [read post]
9 Jan 2024, 11:59 am
" Antonin Scalia & Bryan A. [read post]
25 Sep 2023, 9:00 pm
When William Brennan and Antonin Scalia would offer the same basic answer to a question about judicial meta-philosophy the question is nigh useless. [read post]
19 May 2015, 7:20 am
Justices Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg each authored dissenting opinions, on widely divergent grounds, revealing a fundamental dissensus on the Court regarding the dormant Commerce Clause. [read post]
22 Jan 2015, 7:18 am
Thus while the Caballes holding appears to be in some tension with the constitutional theory of “search” that Justice Antonin Scalia, among others, has recently advanced, this case will not be used as an occasion to discuss it in the text of the opinion, although it may surface in footnotes or separate opinions. [read post]
5 Jan 2018, 8:12 am
Equally interesting is that despite Justice Antonin Scalia’s decades-long crusade against the use of legislative history in statutory interpretation — and despite numerous scholars’ gloomy warnings that substantive canons have replaced legislative history as the go-to resource for deciphering ambiguous statutory text — legislative history references have far outpaced substantive canon use on the Roberts court (at a rate of 25.0 percent versus 14.4 percent… [read post]
26 Feb 2018, 12:23 pm
However, five justices – Justice Samuel Alito, joined by Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas – suggested that they might be willing to reconsider Abood. [read post]
29 Aug 2011, 7:15 pm
At least, not according to dissenting Boggs, though he's really just channeling Antonin Scalia on that point.Really. [read post]
13 Nov 2014, 8:18 am
For his part, Justice Antonin Scalia seemed to reject the basic premise of the Wynnes’ challenge: that the Commerce Clause restrains the states’ taxing powers. [read post]
28 Mar 2018, 9:53 am
Linda Greenhouse expounded on this point in a recent New York Times piece, in which she examined Justice Antonin “Scalia’s Fading Legacy” regarding the Supreme Court’s willingness to use legislative history in interpreting statutes. [read post]
3 Mar 2015, 6:36 am
Justice Antonin Scalia specifically warned lawyers, judges, and special masters to stop assuming that modern Restatements are describing current law rather than revising it. [read post]
12 Nov 2013, 11:47 am
., and then Justice Antonin Scalia challenged the word “foreseeability” as itself being too opaque, Campbell promptly returned to her “but for” argument. [read post]
5 Nov 2014, 7:28 pm
Justice Antonin Scalia was Martinez’s main antagonist, unleashing a barrage of questions and comments that removed any doubt about where his sympathies lay. [read post]
6 Jun 2014, 6:44 am
Justice Stephen Breyer wrote an opinion upholding the law, but Justices Anthony Kennedy and Samuel Alito (concurring) and Antonin Scalia and Clarence Thomas (dissenting) called for greater scrutiny of Congress’s claims that laws are “necessary” and “proper” to carry into effect its other powers. [read post]
14 Oct 2008, 9:01 pm
The Chief Justice tried the same tack, as did Justice Antonin Scalia, but similarly got no direct answer. [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]
