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26 Sep 2020, 4:01 am
For most of his tenure on the Supreme Court, Thomas tagged along on Justice Antonin Scalia’s coattails. [read post]
3 Jul 2014, 4:33 am
Scalia concurrence).Bennett v. [read post]
25 Jun 2011, 6:58 am
The Court majority, whatever its current size, does not yet seem ready to cast aside altogether the “exclusionary rule” — a Fourth Amendment interpretation that dates back 97 years (although Justice Antonin Scalia, in particular, has questioned the need to retain it). [read post]
14 Mar 2017, 9:52 am
Yes, this is one of the cases granted while Justice Antonin Scalia was still on the court, for which the justices seem to have deferred argument in an effort to avoid adjudicating the case with an eight-member bench. [read post]
20 Apr 2010, 3:07 pm
Rehnquist and Justice Antonin Scalia pressed to overturn the right to abortion entirely, Stevens became a steady defender of Roe vs. [read post]
9 Nov 2009, 9:41 pm
But Justice Antonin Scalia said deterrence was not the only reason for punishment. [read post]
10 Aug 2017, 8:21 am
In their text, “Reading Law,” Justice Antonin Scalia and Bryan Garner say that the Hart prohibition should extend to any “sizable wheeled conveyance,” and thus to automobiles — including “ambulances, golf carts, mopeds, motorcycles, and (perhaps) Segways” — but not “remote-controlled cars, baby carriages, tricycles, or perhaps even bicycles. [read post]
5 Feb 2014, 10:23 am
The Supreme Court unanimously reversed, in an opinion written by Justice Antonin Scalia. [read post]
16 Apr 2015, 7:35 am
Justice Antonin Scalia advocated that position in his dissent in Troxel. [read post]
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]
18 Jan 2022, 9:03 pm
Green also points out that Justice Clarence Thomas, despite applying deference as recently as 2013 by joining an opinion from Justice Antonin Scalia, began to argue that Chevron deference was unconstitutional in a series of decisions in 2015. [read post]
23 Mar 2015, 10:53 am
His first adversary would be Justice Antonin Scalia, who sought to resurrect Texas’s argument that what was on the license plates was, indeed, what Texas government wanted said in those displays “If it is Texas’s speech,” Scalia commented, “all things can be said. [read post]
15 May 2019, 4:23 am
” (JUSTICE ANTONIN SCALIA &BRYAN A.GARNER, Making Your Case: The Art of Persuading Judges 151 – 152 (2008)). [read post]
2 Feb 2017, 4:40 am
” Commentary on the appointment comes from Christina Cauterucci at Slate’s XX Factor blog, who looks at what Gorsuch’s nomination means for women, arguing that as “far as the health, safety, and civil rights of America’s women are concerned, it’s hard to imagine how the court could do worse”; Ilya Shapiro at the Cato Institute’s Cato at Liberty blog, who maintains that “Donald Trump has managed to pick a nominee who should please everyone other… [read post]
27 Jun 2018, 10:49 am
The Court deadlocked 4-4 after the death of Justice Antonin Scalia, thereby leaving the Abood precedent in force. [read post]
18 Apr 2016, 2:50 am
Coverage related to the death of Justice Antonin Scalia and the nomination of Chief Judge Merrick Garland to succeed him comes from Tony Mauro of The National Law Journal (subscription or registration may be required), who reports that the “American Bar Association’s formal evaluation of Judge Merrick Garland’s qualifications for a seat on the U.S. [read post]
20 Aug 2014, 1:20 pm
Be that as it may, it is worth noting that a majority of the Supreme Court – including its most prominent originalist, Justice Antonin Scalia – seems to endorse a version of the populist approach. [read post]
5 Nov 2014, 12:38 pm
Shortly after David Frederick began his presentation on behalf of the Jesinoskis (the homeowners), Justices Antonin Scalia and Samuel Alito scoffed at the possibility that Congress could have intended to permit rescission so long after a loan if the borrower couldn’t return the borrowed funds. [read post]
24 Feb 2014, 10:33 am
The most enthusiastic supporter of the industry challengers was Justice Antonin Scalia, although Justice Samuel A. [read post]
9 Nov 2011, 6:08 am
Justice Antonin Scalia suggested that the prosecutor “stop fighting as to whether it should be turned over. [read post]
