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16 Jun 2022, 10:04 am by John Elwood
Justice Sonia Sotomayor filed a dissenting opinion, joined by Justices Stephen Breyer and Elena Kagan, saying that “the Texas’ courts’ opinion was irreconcilable with this Court’s prior decision” and Andrus’ case “cries out for intervention. [read post]
14 Jun 2022, 5:38 pm by Heather Whiteman Runs Him
Justice Neil Gorsuch filed a dissenting opinion, joined in part by Justices Sonia Sotomayor and Elena Kagan. [read post]
13 Jun 2022, 10:56 pm by Josh Blackman
Of course, Hale had been recently cited by Justices Kagan and Breyer. [read post]
13 Jun 2022, 10:37 pm by Josh Blackman
Moreover, Part II--which Justices Sotomayor and Kagan did not join--teed up an important separation of powers issue for future cases. [read post]
2 Jun 2022, 9:00 pm by Vikram David Amar
”A few of the Justices (especially Justices Kagan and Breyer) have been extolling the virtues of stare decisis a great deal (albeit somewhat selectively) in recent years, very possibly because they have been anticipating Dobbs or another case like it in the abortion realm. [read post]
1 Jun 2022, 11:49 am by Eric Goldman
This question matters only if you disregard content moderation as an editorial function. [read post]
1 Jun 2022, 9:26 am by Alan Z. Rozenshtein
  And as a practical matter, even opponents of government regulation of content moderation might want to avoid taking the extreme position that there is no legitimate government interest at issue. [read post]
1 Jun 2022, 5:00 am by Ben Sperry
Meanwhile, Justice Samuel Alito wrote a dissent that was joined by fellow conservatives Clarence Thomas and Neil Gorsuch, and liberal Justice Elena Kagan also dissented without offering a written justification. [read post]
1 Jun 2022, 3:41 am by Emma Snell
Signup to receive the Early Edition in your inbox here. [read post]
29 May 2022, 6:00 am by Rob Robinson
Another milblogger, Alexander Khodarkovsky, said that Russian commanders are not sending reinforcements in a timely matter, preventing Russian forces from resting between ground assaults. [read post]
23 May 2022, 3:56 pm by Noam Biale
” Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, dissented. [read post]
23 May 2022, 8:55 am by Laurence H. Tribe
And in pragmatic terms, should any case foregrounding this issue come before the current Supreme Court, there is little doubt that all nine Justices, who as Justice Kagan famously remarked are “all textualists now,” would start and finish their analysis with the words of the statute as enacted. [read post]
19 May 2022, 9:05 pm by Sam Wong
Mailloux and his coauthors also projected that a U.S. clean energy transition would save the U.S. economy approximately $600 billion from deaths caused by fine particulate matter from air pollution. [read post]