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20 Jul 2023, 6:00 am by Josh Blackman
Justice Kavanaugh has proven himself by word and deed to be a disciple of the John Roberts school of judging. [read post]
17 Jul 2023, 6:13 pm by Jonathan H. Adler
The language of colorblindness that Roberts and Thomas use to make their argument comes directly from Justice John Marshall Harlan's lonely dissent in Plessy v. [read post]
17 Jul 2023, 8:32 am by Eric Goldman
Although it was a unanimous judgment, Alito was joined by just four other Justices (Thomas, Gorsuch, Kavanaugh, and Jackson). [read post]
17 Jul 2023, 8:10 am by Josh Blackman
This past term, Chief Justice Roberts and Justice Kavanaugh continued to join the Court's three progressives in two prominent 5-4 cases. [read post]
17 Jul 2023, 1:02 am by INFORRM
Ben Roberts-Smith has launched an appeal after he lost his war crimes defamation trial in the federal court. [read post]
16 Jul 2023, 9:01 pm by renholding
”  In a strongly worded dissent joined by Justices Thomas (in part), Kagan, and Sotomayor, Justice Jackson criticized the Court’s analysis as unmoored from the statutory text, yielding a “windfall” for parties seeking arbitration, and likely to have application beyond the question of arbitrability (for example, to interlocutory appeals regarding forum, jurisdiction, or preliminary injunctions). [read post]
16 Jul 2023, 9:01 pm by Austin Sarat
Thomas was unusually caustic about the dissenting opinion written by Jackson, the Court’s only other Black member. [read post]
14 Jul 2023, 1:59 am by Seán Binder
Thomas Grove reports for the Wall Street Journal. [read post]
13 Jul 2023, 12:06 pm by Legal Aggregate
Nebraska, which struck down President Biden’s effort to cancel student loans under the HEROES Act, bears hallmarks of longstanding tendencies of Chief Justice Roberts’ jurisprudence as well as developments since Justices Gorsuch, Kavanaugh, and Barrett joined the Court. [read post]
13 Jul 2023, 3:31 am by Bethany Berger
Like Mary Bilder’s recent article on the influence of Cherokee, Chickasaw, and Choctaw delegations’ visits to the constitutional convention in 1787,1 and earlier works by Robert Clinton, Maggie Blackhawk, and Ablavsky himself,2 the article confirms the influence of tribal actions on the Constitution and its interpretation. [read post]
12 Jul 2023, 5:09 am by SHG
Heck, even Justice Thomas occasionally found himself in the company of the left wing. [read post]