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28 May 2019, 9:19 am
Ginsburg also pushed back against Thomas’ criticism that her dissent made “little sense,” countering that Thomas “displays more light than heat. [read post]
24 May 2019, 7:20 am
Scalia was next on the spectrum, with Justice Samuel Alito and Chief Justice John Roberts a little further down the scale, along with former Justice Anthony Kennedy. [read post]
21 May 2019, 6:18 am
Justice Clarence Thomas joined the opinion, but, as he often does in pre-emption cases, wrote separately to reiterate his distinct perspectives on both pre-emption and administrative law. [read post]
20 May 2019, 10:55 am
The extent to which federal obstruction of justice statutes apply to the president, especially when concerning actions facially within the office’s powers under Article II, has been hotly contested at least since President Trump fired FBI Director James Comey in May 2017. [read post]
14 May 2019, 7:29 am
The following is a series of questions prompted by the forthcoming publication of Michael Bobelian’s “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon, and the Forging of the Modern Supreme Court” (Schaffner Press, 2019). [read post]
14 May 2019, 6:56 am
As a result, many have assumed that Hall represented little more than a relic of an older view of state prerogatives. [read post]
9 May 2019, 3:56 am
Varela, holding that the Federal Arbitration Act bars interpretation of an arbitration agreement under state law that would allow class arbitration based on general language commonly used in arbitration agreements, “is likely to add a little momentum to the growing political opposition to forced arbitration. [read post]
30 Apr 2019, 10:21 am
In my view, this is a disqualifying blind spot.Joe Biden was the chair of the Senate's Judiciary Committee during Clarence Thomas' confirmation hearings in 1991. [read post]
24 Apr 2019, 4:04 am
Rory Little previewed the case for this blog. [read post]
22 Apr 2019, 11:59 am
There is little ability to distinguish between the two when observing at the vote level. [read post]
15 Apr 2019, 6:57 am
Kavanaugh and Clarence Thomas. [read post]
4 Apr 2019, 6:00 am
This development is obvious in the case of Justices Antonin Scalia, Clarence Thomas, and Neil Gorsuch. [read post]
1 Apr 2019, 2:15 pm
Justice Clarence Thomas filed a concurring opinion in which he reiterated that, in his view, a method of execution only violates the Eighth Amendment’s ban on cruel and unusual punishment if it is “deliberately designed to inflict pain. [read post]
28 Mar 2019, 10:25 pm
” Representative Virginia Foxx (R-N.C.) argued that the bill will do little to help working women and characterized it as “a bill for trial lawyers, plain and simple. [read post]
27 Mar 2019, 1:07 pm
Francisco (Art Lien) Justice Neil Gorsuch, who last year joined a dissent from the denial of review by Justice Clarence Thomas that described Auer deference as “constitutionally suspect,” quickly peppered Francisco with a series of questions that left little doubt about Gorsuch’s views on the issue. [read post]
26 Mar 2019, 11:06 am
Justice Clarence Thomas, who wrote the majority opinion in Townsend, did not ask any questions, and neither did Justice Neil Gorsuch. [read post]
22 Mar 2019, 2:04 pm
Supreme Court: Justice Clarence Thomas asked a question. [read post]
22 Mar 2019, 3:53 am
There’s little chance that the Supreme Court will do away with or put greater limits on the use of peremptory challenges — a radical solution not presented in Mr. [read post]
18 Mar 2019, 5:30 pm
” The court found “processing” encompasses the subcontractor’s separation of river sediment into its components.16 The court “gave little weight to the Commission’s understanding of the term. [read post]
8 Mar 2019, 8:32 am
We had fairly little movement at the last conference. [read post]
