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12 May 2020, 1:00 am by Scott J. Limmer
Of the four dissenters, Justices Ginsburg and Kagan joined Justice Sonia Sotomayor’s dissent, which found no evidence a warrant couldn’t have been obtained, or the “exigent circumstances” exception applied, while Justice Neil Gorsuch penned a separate dissent saying he would have dismissed the case. [read post]
7 May 2020, 8:26 am by Daniel S. Blynn and Michael A. Munoz
Justices Ginsburg, Sotomayor, and Kavanaugh each questioned the Deputy Solicitor General about the Government’s ability to meet its strict scrutiny burden, indicating that they have trouble avoiding the conclusion that the Exception isn’t content-based. [read post]
7 May 2020, 8:08 am by Thomas Baer
Justice Thomas filed a dissenting opinion joined by Justice Alito and Justice Breyer, and Justice Ginsburg's opinion was joined by Justice Breyer. [read post]
7 May 2020, 3:58 am by Edith Roberts
” Nina Totenberg reports at NPR that “[t]he most outspoken justices in Wednesday’s argument were Justice Ruth Bader Ginsburg, who as a lawyer and justice has crusaded for women’s rights, and Justice Samuel Alito, who as a justice has been a vociferous advocate for religious rights. [read post]
7 May 2020, 3:41 am by Tyler Gillett
Chief Justice Roberts and Justice Kagan asked whether the exception was too broad as written, and both Roberts and Justice Breyer wondered that the opposing sides in the case could not work out a reasonable solution among themselves. [read post]
6 May 2020, 2:30 pm by Josh Blackman
— I will publish a more substantive post about Chief Justice Roberts, and Justices Breyer and Kagan shortly. [read post]
5 May 2020, 8:29 pm by David Oscar Markus
" Chief Justice John Roberts said, indicating that Sotomayor was next up for questions.After eight seconds of silence, the Chief Justice repeated himself. [read post]
5 May 2020, 7:57 am by Jessica Litman
” Justices Ruth Bader Ginsburg and Stephen Breyer followed up on Thomas’ 1-800 number question: If the Federal Circuit was wrong about 1-800 numbers, Ginsburg asked, how should the Supreme Court frame the rule? [read post]
1 May 2020, 11:46 am
There were two dissenting opinions: one authored by Justice Clarence Thomas, joined by Justices Alito and Breyer, and the other authored by Justice Ruth Bader Ginsburg and joined by Justice Breyer. [read post]
29 Apr 2020, 1:49 pm by Leslie Pardo
As Chief Justice Roberts’ controlling opinion indicates, they quickly provide valuable information that readers of plain case law or statutory text would likely overlook. [read post]
29 Apr 2020, 9:26 am by Emily Coward
Justice Thomas ignores the Jim Crow history altogether, and Justice Alito, joined by Justice Kagan and Chief Justice Roberts, seems more offended by the majority’s audacity to observe that racism underpinned the nonunanimous jury provision than by the racism itself. [read post]
29 Apr 2020, 8:41 am by Thomas Key
Justice Breyer additionally joined Justice Ginsburg's dissent in full; Justice Ginsburg endorsed the two factor test for government edicts, but remained unconvinced that the annotations fell within the course of legislative duties. [read post]