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2 Jun 2014, 8:51 am
Thomas writes (joined by Scalia and Alito) to stress that "the Treaty Power is itself a limited federal power":  "[T]o interpret the Treaty Power as extending to every conceivable domestic subject matter—even matters without any nexus to foreign relations—would destroy the basic constitutional distinction between domestic and foreign powers. [read post]
26 Jul 2018, 11:55 am by Christopher Walker
Sessions, Justice Anthony Kennedy joined the prior calls by Thomas and then-Judge Neil Gorsuch to reconsider “reflexive deference” to agency statutory interpretations (Chevron deference). [read post]
1 Jan 2020, 2:32 pm by Marty Lederman
  (It's possible to get to Manhattan from Monsey without crossing into New Jersey--by crossing the Hudson over the Tappan Zee Bridge--but it's often quicker to go through Jersey across the GW Bridge (and in any event, Thomas would have had to traverse an interstate highway to cross the Tappan Zee).)Congress certainly has the constitutional power to punish an attack under either of the first two circumstances, and probably the third, as well. [read post]
19 Apr 2023, 6:32 pm by Howard Bashman
” And at Balls and Strikes, Steve Kennedy has a post titled “The Supreme Court’s Power Made Clarence Thomas’s Corruption Inevitable; The justices understand how unaccountable they are; So do wealthy people who can afford to befriend them. [read post]
11 Feb 2009, 7:40 pm
The transcript of our second conversation about Barnett's new book is here.You can order Great Powers from Amazon.com. [read post]
30 Jul 2021, 7:00 am by Michael C. Dorf
Toobin writes: Thomas has already exercised his assigning power in a consequential case. [read post]
26 Jun 2015, 4:59 pm
First, even if his argument is completely correct, it does not refute the more powerful Equal Protection Clause rationales for a right to same-sex marriage: that state laws that recognize opposite-sex marriage unconstitutionally discriminate on the basis of gender or sexual orientation. [read post]
9 Jul 2007, 6:29 pm
Teachers did not rely solely on the power of ideas to persuade; they relied on discipline to maintain order. [read post]
10 Jan 2011, 7:18 am by Lyle Denniston
   “That logic threatens,” Thomas wrote, “the proper limits of Congress’ commerce power and may allow Congress to exercise police powers that our Constitution reserves to the states. [read post]
20 Oct 2023, 8:19 am by Dan Lopez
They may spur some innovation, but one problem is that that system power sometimes translates into market power, monopolistic or oligopolistic power. [read post]
14 Aug 2016, 9:09 pm
Rajkovic (Universiteit van Tilburg - Law), Tanja Aalberts (Vrije Universiteit Amsterdam - Law), & Thomas Gammeltoft-Hansen (Lunds Universitet - Raoul Wallenberg Institute of Human Rights and Humanitarian Law) have published The Power of Legality: Practices of International Law and their Politics (Cambridge Univ. [read post]
24 Mar 2012, 11:45 am by Tom Smith
 I had not realized there was ancient authority against the the idea that a state should have power to compell a person to enter a contract. [read post]
27 Nov 2010, 11:03 am
"The transatlantic alliance is likely to become more relevant as new powers rise. [read post]
13 Jul 2020, 10:00 am by Ezra Rosser
DeoProfessor of Law, Thomas Jefferson School of Law and Director,Law School Survey of Student Engagement (LSSSE) Doron DorfmanAssociate Professor of Law, Syracuse University College of Law Sheila R. [read post]
10 Oct 2019, 10:51 am
Aberg, Globalization and the rise of integrated world society: deterritorialization, structural power, and the endogenization of international society Andreas Kruck & Bernhard Zangl, Trading privileges for support: the strategic co-optation of emerging powers into international institutions Kenneth A. [read post]