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7 Mar 2022, 4:30 am
Writing for the (all-Republican-appointed) majority, Justice Thomas found that: (1) in light of the district court's probing for bias during voir dire, the decision not to ask the precise question requested about media coverage was a permissible exercise of discretion; and (2) the district court also did not abuse its discretion by excluding the evidence of the triple-murder by Tamerlan, as that evidence relied on statements by now-dead witnesses, was tangential, and was thus potentially… [read post]
16 Jan 2021, 6:30 am
During the Barrett hearings, I warned in various media outlets that textualism was a wolf in sheep’s clothing (to borrow a Scaliaesque motto) precisely for this reason. [read post]
10 Feb 2015, 9:39 am
Barrett, 847 S.W.2d 125, 133 (Mo. [read post]
19 May 2023, 4:00 am
Only Justices Thomas and Barrett fully agreed with him on that point. [read post]
22 Feb 2023, 4:30 am
If we date aggressive judicial review as starting with the infamous Dred Scott case in 1857, and we date the Court's first originalist majority from the time Justice Barrett was confirmed, that's over 160 years without an originalist Supreme Court. [read post]
2 Jul 2013, 9:33 am
Patrick Barrett, Richard Briffault, Daniel J. [read post]
20 Jun 2024, 12:31 pm
The concurrence in the judgment by Justice Barrett with Justice Alito (that’s two of the 7) would uphold the relevant obscure tax provision on even narrower grounds than the majority. [read post]
2 Jun 2020, 11:00 pm
Section 3 addresses Africa, Asia and Australasia in five chapters: South African copyright law by Tobias Schonwetter and Bram Van Wiele; Indian copyright law by Nandita Saikia; an Australian perspective by Mark Davidson; and Jonathan Barrett provides an account of copyright, graffiti and street art in Aotearoa New Zealand.Chapter 20 offers a counter view by Andrea Baldini, who argues that copyright is incompatible with the essential subversiveness of street art. [read post]
14 Sep 2022, 3:20 am
Barrett, Mary E. [read post]
5 Apr 2021, 7:57 am
Justice Barrett was appointed after the hearing.The per curiam focuses only on fair use. [read post]
1 Dec 2021, 1:30 pm
Justices Samuel Alito and Clarence Thomas have been joined by Donald Trump's pro-life appointments Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh, in what appears to be a majority aching for the opportunity to reverse Roe v. [read post]
27 Jul 2021, 10:36 am
Lindsey Barrett, Laura Moy, Paul Ohm and Ashkan Soltani considered the effects of the Federal Trade Commission’s outdated conflict-of-interest rules. [read post]
27 Jun 2018, 1:43 pm
Barrett. [read post]
3 Aug 2021, 10:40 am
(So, for example, Senator McConnell should not have processed Justice Barrett’s nomination as quickly as he did even though [absent a complicated and in my view unavailing argument to the contrary] he and the Senate had the sheer constitutional power to do so.) [read post]
3 Apr 2020, 6:49 pm
(One would be interested, for example, as to whether or not Amy Comey Barrett, a sure candidate to succeed Ruth Ginsburg should Trump be in power when that day comes, adheres to the views articulated by Vermeule or by her Notre Dame colleague Patrick Deneen, who also condemns liberalism in all of its purported aspects. [read post]
15 Jan 2021, 5:50 pm
Justice Barrett is new, but Justices Gorsuch and Kavanaugh have been serving on the SCOTUS for some time already and they're going to look at the issue, not the party. [read post]
17 Mar 2023, 8:50 am
In February 2023 Justice Jackson issued her first majority opinion.Official portrait of Justice Ketanji Brown Jackson.Women on the Supreme Court Bench are names easily recognized: Justice Sandra Day O’Connor, The Notorious RBG, Justice Sonia Sotomayor, Justice Elena Kagan, and Justice Amy Coney Barrett. [read post]
13 Sep 2023, 6:30 am
Seth Barrett Tillman, National University of Ireland, Maynooth Faculty of Law, and Josh Blackman, South Texas College of Law Houston, have posted Sweeping and Forcing the President into Section 3: A Response to William Baude and Michael Stokes Paulsen:Does the full “sweep and force” of Section 3 of the Fourteenth Amendment disqualify Donald Trump from the presidency? [read post]
22 Apr 2022, 4:23 pm
Josh Blackman and Seth Barrett Tillman maintain that the persons responsible for the Fourteenth Amendment thought that only Congress could implement Section 3 (“Only the Feds Could Disqualify Madison Cawthorn and Majorie Taylor Greene,” New York Times, April 20, 2022). [read post]
7 Dec 2023, 10:54 am
Justice Barrett wrote that the Court had the power to dismiss on standing or mootness grounds because both are jurisdictional. [read post]
