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20 Apr 2018, 9:27 am
” — While Gorsuch’s alignment with the liberal wing of the Court may seem surprising, it is consistent with his originalist philosophy, as well as that of his predecessor, Justice Antonin Scalia.Click To Tweet Justice Scalia also sided with the liberal wing of the Court in Johnson v. [read post]
3 Mar 2015, 10:24 am
As Justice Kennedy notes, Justice Antonin Scalia and Clarence Thomas also expressed similar substantive views in Quill (1992), though they weren’t prepared then to overturn the precedent; query whether they, and some other Justices, would go along with Justice Kennedy in a future case. [read post]
30 May 2022, 9:01 pm
”Justice Antonin Scalia, joined by Justice Thomas, was still more blunt about actual innocence claims. [read post]
4 Mar 2020, 2:10 pm
Justice Antonin Scalia is the only other justice with one such term, October Term 2011. [read post]
26 Jun 2015, 3:00 am
The court has now stepped into this fight twice, and each time it has salvaged a core part of the law – results so important to the ongoing success of the law that Justice Antonin Scalia, has just argued cynically in a dissenting opinion that it should be known, not as “Obamacare,” but as “SCOTUScare. [read post]
17 Jun 2024, 8:25 am
” Antonin Scalia, Judicial Deference to Administrative Interpretations of Law, 1989 Duke L.J. 511. [read post]
2 Nov 2015, 1:23 pm
Justice Antonin Scalia, for example, posited that, under Robins’s interpretation, the failure of a credit reporting agency to provide a “1-800” number (required by the FCRA) would allow anyone to sue, even if it didn’t affect them at all. [read post]
1 Jun 2023, 5:04 am
In an unusual display of emotion, three justices—Alito and Justices Antonin Scalia and Anthony Kennedy— angrily blamed the death penalty “abolitionist movement” for the difficulty states faced finding the drugs needed for executions. [read post]
25 Jan 2016, 1:38 pm
Justice Antonin Scalia is due to speak in Singapore in two days, which likely explains his absence. [read post]
26 Feb 2018, 8:20 am
Friedrichs was decided after the death of Justice Antonin Scalia but before Justice Neil Gorsuch joined the Court. [read post]
5 May 2011, 4:06 pm
” Stevens went on to chastise Justice Antonin Scalia (joined by Justice Clarence Thomas) for arguing in a separate opinion in NASA that the concept of liberty in the Due Process Clause only protects procedural, not “substantive,” rights. [read post]
4 Dec 2017, 12:54 pm
Specifically, Hemel and Posner cited arguments made by the late Justice Antonin Scalia about the need for the executive to function as the unity head of the federal law-enforcement system. [read post]
30 Jun 2013, 9:01 pm
The Term also included some counter-ideological surprises, like Justice Antonin Scalia joining the Court’s three most liberal members in writing an impassioned dissent from the majority opinion that permitted collection of DNA samples from felony arrestees. [read post]
26 Jun 2014, 9:56 am
Breyer, who has established himself as the most pragmatic of the Justices, and that the dissent would have been written by Justice Antonin Scalia, long recognized as the devotee of a Constitution of rules rooted in Founding era understandings. [read post]
15 Jan 2014, 10:02 am
” Justice Antonin Scalia (one of the dissenters when the Court upheld a different kind of buffer zone in 2000) led the verbal attack on the Massachusetts law on Wednesday, repeatedly insisting that what the anti-abortion challengers want to do is not to protest at all, but just “to talk to the people. [read post]
29 Jun 2010, 6:38 pm
"The duration of the break in custody here (2 1/2 years) was plainly enough," Scalia wrote. [read post]
22 Dec 2016, 8:03 am
In a separate opinion, the late Justice Antonin Scalia was so perturbed that he accused San Francisco’s lawyers of a “bait-and-switch” and said the court should not even have decided the second issue in the case, in which the majority found that the city’s officers were entitled to qualified immunity for injuries caused when they arrested the suspect. [read post]
23 Dec 2009, 2:02 pm
Justice Antonin Scalia 1. [read post]
4 Nov 2015, 8:24 am
Arguing on behalf of the United States, Assistant to the Solicitor General Elaine Goldenberg appeared to fare somewhat better, although her toughest questioning came, perhaps surprisingly, from Justice Antonin Scalia, who worried about the rule the United States seeks — which would require courts to determine which elements of federal criminal statutes are “substantive” (and must therefore be part of the underlying conviction), and which are… [read post]
13 Nov 2018, 9:01 pm
As Justice Antonin Scalia observed in a concurrence in a 2014 case, “Congress can authorize ‘acting’ officers to perform the duties associated with a temporarily vacant office—and has done that, in one form or another, since 1792. [read post]
