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13 Nov 2006, 7:02 am
Alito, Jr., Antonin Scalia and Clarence Thomas. [read post]
8 Nov 2006, 9:37 am
Justice Clarence Thomas did not take part in the hearing; Roberts said at the outset that Thomas was absent "due to illness" -- apparently not serious -- but would join in the ruling on the basis of the briefs and the hearing record. [read post]
2 Nov 2006, 6:44 am
Three justices have negative net popularity scores: Justices Kennedy, Souter, and Ginsburg. [read post]
2 Nov 2006, 6:44 am
Three justices have negative net popularity scores: Justices Kennedy, Souter, and Ginsburg. [read post]
31 Oct 2006, 8:01 am
Justice Kennedy made the following argument in State Farm v. [read post]
31 Oct 2006, 5:31 am
Circuit was there, as were six members of the Supreme Court (all except Souter, Kennedy, and Alito).There was a person I didn't recognize sitting between Justices Stevens and Thomas. [read post]
28 Oct 2006, 8:51 pm
There was a person I didn't recognize sitting between Justices Stevens and Thomas. [read post]
19 Oct 2006, 5:08 pm
Ct. 1297 (2006); Erwin Chemerinsky, The Kennedy Court: October Term 2005, 9 Green Bag 2d 335, 340, 341-343 (2006); Patrick J. [read post]
10 Oct 2006, 8:14 pm
I don't think, for example, that she would feel comfortable describing Clarence Thomas as having written a "Schmittian opinion" in Hamdi, though I believe that is a simple statement of fact. [read post]
9 Oct 2006, 6:32 am
Kennedy said, "We are tied to the ocean. [read post]
30 Aug 2006, 4:57 am
(Justice Clarence Thomas will also have no female clerks this year, but over the preceding six years hired 11.)Interesting. [read post]
22 Aug 2006, 5:52 pm
Both Randy Kennedy (a review essay in Harvard 15 years ago reviewing Eric Foner) and Pamela Brandwein (Reconstructing Reconstruction) have written wonderful histories demonstrating how historical memory changes (and even how what constitutes the relevant history changes). [read post]
19 Aug 2006, 11:19 am
Lyle Denniston, the dean of Supreme Court reporters (and someone whose writing I've long admired), posted a long and thoughtful reply to my previous post. [read post]
18 Aug 2006, 3:29 pm
It will be interesting to see, for example, if the Times, when covering the next vouchers-in-schools case decided by a 5-4 vote (Roberts, Alito, Kennedy, Thomas, and Scalia, with dissents by Stevens, Souter, Ginsburg, and Breyer) will point out that this is also five Catholic Republicans coalescing against two Jews and two (probable) moderate Republican secularists. [read post]
31 Jul 2006, 11:40 am
Linn, THE JUST WAR DOCTRINE AND STATE LIABILITY FOR PARAMILITARY WAR CRIMES Brooklyn Journal of International Law, Volume 31, Number 3, 2006 Duncan Kennedy, Iraq: The Case for Losing Columbia Journal of Transnational Law, Volume 44, Number 3, 2006 Smita Narula, The Right to Food: Holding Global Actors Accountable Under International Law Eric Blumenson, The Challenge of a Global Standard of Justice: Peace, Pluralism, and Punishment at the International Criminal Court Suffolk… [read post]
15 Jul 2006, 7:32 am
The three dissenters--Scalia, Thomas, and Alito--provided a sort of relay of refutations, with each writing separately (while also endorsing the dissents of the others) to argue a different set of reasons the Court should have denied jurisdiction or accepted the substantive claims of the Bush administration in this dispute. [read post]
28 Jun 2006, 1:04 pm
Justice Kennedy also acquits himself well in delivering a decision. [read post]