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22 Jan 2010, 8:50 am
Justice Kennedy tipped his hand when he wrote that a prior, marginally more rational opinion of Court is undermined by experience since its announcement. [read post]
20 May 2010, 8:25 am
” (Opinion of Merritt, J.) [read post]
9 Oct 2010, 3:52 am
At least, we're not supposed to. [read post]
25 Mar 2012, 10:27 pm
(Notice, however, that the government and most mandate defenders do not take them very seriously when they claim that Chief Justice Roberts MUST uphold the mandate because he joined the opinion in Comstock.) [read post]
18 Jun 2011, 2:51 pm
Justice Scalia’s critique of Sykes applies, perhaps, with equal force here in Park:As was perhaps predictable, instead of producing a clarification of the Delphic residual clause, today’s opinion produces a fourth ad hoc judgment that will sow further confusion. [read post]
25 Jul 2008, 10:24 pm
In other words, you see science subverted in the same manner you see justice subverted in so many other ways in the criminal justice system. [read post]
28 Nov 2022, 6:27 pm
One other little tidbit: I found it interesting that in his opinion for the court, when discussing "the motivating principle of Auer deference," Judge Boggs cited a portion of Justice Kagan's Kisor opinion (Part II.A) that was only joined by three other justices, and thus represented a plurality opinion, not the opinion of the Court. [read post]
26 Oct 2020, 8:28 pm
Justice Elena Kagan dissented, writing an opinion that was joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
2 May 2019, 5:00 pm
They’re scared, too. [read post]
16 Apr 2012, 2:15 pm
Perhaps they’d say for the future let’s do this, but not let’s give people a windfall for the past. *** JUSTICE KENNEDY: And it’s gone on for 70 years, and you’re – instead of doing a regulation, amended regulation, as Justice Breyer indicates, you’re filing amicus briefs quietly in different – different courts. [read post]
19 Nov 2006, 10:09 pm
" But they're working on it. [read post]
14 Mar 2021, 7:41 pm
In re Dole Food Co., Inc. [read post]
1 May 2022, 1:04 am
That’s how we wind up with machine learning that prevents qualified job applicants from advancing, or blocks mortgage applicants from buying homes, or creates miscarriages of justice in parole and other aspects of the criminal justice system. [read post]
2 Apr 2013, 11:12 am
You’re a landlord with a house or apartment to rent. [read post]
15 Apr 2025, 10:21 am
But it certainly isn’t about serving justice or the public good. [read post]
26 Mar 2018, 6:09 pm
On Petition for Review from the Court of Appeals for the Fourth District of Texas.JUSTICE JOHNSON delivered the opinion of the Court, in which CHIEF JUSTICE HECHT, JUSTICE GREEN, JUSTICE GUZMAN, JUSTICE LEHRMANN, JUSTICE BOYD, JUSTICE DEVINE, and JUSTICE BROWN joined. [read post]
20 Apr 2007, 7:00 am
And yet, much of the case is expected to be fought over issues of grammar, definition, syntax and nuance, according to an opinion written by the Judge in the case. [read post]
23 Jan 2024, 7:42 am
” In a concurring opinion, Justice Antonin Scalia agreed that the Constitution does not prevent the government from executing someone with new evidence that indicates that they might be “actually innocent”—someone, which as the Washington Post puts it, “with the potential to legally demonstrate they did not commit the crime for which they were convicted. [read post]
11 Mar 2015, 5:04 pm
In these preliminary relief proceedings, the Court of Amsterdam was asked to re-apply the Costeja decision because Google refused to remove links to news reports about a KPMG partner. [read post]
25 Mar 2015, 11:19 am
We’re talking millions and millions in these forfeiture funds. [read post]
