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23 Feb 2009, 1:10 pm
He had to deal, to be sure, with some nettlesome questions — especially from Justice Antonin Scalia — about whether the Court had jurisdiction to review the state Supreme Court’s reading of federal harmless error doctrine. [read post]
20 Jan 2014, 1:21 pm
., and Justice Antonin Scalia had argued that the question was an important one, when they dissented from the Court’s refusal to confront that issue in 2009 in Virginia v. [read post]
14 May 2007, 6:59 am
He was supported by Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, and Samuel Alito.Kennedy again provided the swing vote on the always contentious issue of capital punishment, this time favoring the state.Landrigan has a lengthy criminal record. [read post]
10 Dec 2008, 5:49 pm
If the Chief Justice were seeking to build a majority to set some higher hurdles for lawsuits such as this one, he very likely would be able to count on Justice Antonin Scalia. [read post]
7 Dec 2016, 4:09 am
At Supreme Court Brief (subscription required), Tony Mauro points to three cases the court agreed to review last January that have still not been scheduled for argument, observing that Justice Antonin Scalia “was alive when the cases were discussed, and he may have been the necessary fourth vote to grant cert,” and that with “Scalia gone and not yet replaced, the court may have decided that these three cases, unlike others, might result in a 4-4 tie. [read post]
11 Sep 2015, 12:32 pm
They note that even Justice Antonin Scalia seemed, in his concurring opinion in Fisher I, unwilling to overrule Grutter when Fisher had not asked for that. [read post]
20 Aug 2010, 12:09 pm
Or take Justice Antonin Scalia’s book on constitutional and statutory interpretation, A Matter of Interpretation. [read post]
8 Jun 2015, 6:53 pm
The Chief Justice and Justice Alito also joined a dissent filed by Justice Antonin Scalia, who took the relatively rare step of expressing his displeasure with the Court’s decision from the bench this morning. [read post]
26 Nov 2017, 9:30 pm
As the late Supreme Court Justice Antonin Scalia once explained, Chevron may have been justified initially by its faithfulness to the intent of Congress. [read post]
27 Jun 2011, 6:26 am
” (Not to put too fine a point on it, Justice Antonin Scalia was quoted in a 2004 book as claiming that Justice Thomas “doesn’t believe in stare decisis, period. [read post]
8 Oct 2014, 1:31 pm
As those two lawyers’ presentations moved on, it appeared that the Justices (except, primarily, Justice Antonin Scalia) were growing more skeptical of what Justice Kagan would dismissively call “basically, a door test” — as in getting out the door at the end of the shift. [read post]
10 Dec 2013, 10:35 am
As the argument unfolded, it appeared that one or both of those challenges got a sympathetic hearing from Justice Antonin Scalia — but, in the main, only from him. [read post]
30 Oct 2021, 12:18 pm
As Justice Antonin Scalia explained in Heller, “bear arms” means to “wear, bear, or carry … upon the person or in the clothing or in a pocket, for the purpose … of being armed and ready for offensive or defensive action in a case of conflict with another person. [read post]
5 Jun 2018, 9:12 am
For Thomas, this was not surprising; that section included a discussion of legislative history, and he, like the late Justice Antonin Scalia, usually refuses to join opinions dealing with legislative history. [read post]
30 Jul 2018, 3:25 am
Gorsuch, who replaced the late Justice Antonin Scalia after the Senate Republican leadership kept the Scalia seat vacant until President Trump could make the nomination. [read post]
25 Jun 2015, 9:01 am
” Justice Antonin Scalia dissented, in an opinion joined by Justices Clarence Thomas and Samuel Alito that began by describing the majority’s conclusion as “quite absurd. [read post]
28 Apr 2010, 10:44 am
To those three probably could be added, in what Justice Antonin Scalia said would have to be “a proper case” in the future, the votes of Justices Scalia and Clarence Thomas, because in prior disputes they have supported such displays. [read post]
19 Jan 2016, 2:15 pm
So, for example, Justice Antonin Scalia early on asked, “[w]ho owns these assets under Maryland law? [read post]
23 Jun 2008, 4:03 pm
Justices Antonin Scalia and Clarence Thomas also dissented; they did not reveal their votes Monday in the Goldstein case. [read post]
2 Dec 2009, 10:45 am
Justice Antonin Scalia, whom some property law experts see as eager to find such a "taking," emerged Wednesday as sympathetic to that idea, but still a bit skeptical. [read post]
