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21 Feb 2007, 1:29 pm by Bridget
In a different case, the entire court allowed death-row inmates to pursue a civil claim against lethal injection.But also last term, Justice Antonin Scalia wrote a separate opinion in a death-penalty case for the sole purpose of excoriating Justice David H. [read post]
15 Apr 2022, 7:04 pm by Ilya Somin
Some conservative jurists, such as Supreme Court Justices Clarence Thomas and the late Antonin Scalia, have argued that the Dormant Commerce Clause doctrine lacks originalist support and should be abolished. [read post]
6 Jan 2014, 6:26 am by Stephen Wermiel
The Justices were split five to four; three in the majority – Justices Antonin Scalia, Clarence Thomas and Samuel Alito – defended their action and criticized the arguments made in a dissent by Justice Stephen Breyer that was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. [read post]
21 Jun 2013, 3:00 pm by rhall@initiativelegal.com
However, the majority opinion written by Justice Antonin Scalia stated that “the antitrust laws do not guarantee an affordable procedural path to the vindication of every claim. [read post]
28 Nov 2017, 1:04 pm by Susan C. Morse
Aguilar, Justice Antonin Scalia would have allowed prosecutors to charge defendants based on broad obstruction-of-justice statutory language. [read post]
3 Apr 2015, 7:44 am by Ronald Mann
” Ever the skeptic, Justice Antonin Scalia wryly downplayed the effectiveness of such an approach, commenting: “You know, sometimes they even ignore our holdings. [read post]
5 Jul 2022, 10:09 pm by Josh Blackman
" Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes (Nov. 25, 2015). [read post]
21 Apr 2023, 12:10 pm by John Floyd
”   More than two centuries later conservative Supreme Court Justice Antonin Scalia added this definition to the rule of law doctrine:    “To be governed by legislated text rather than legislators’ intentions is what it means to be ‘a Government of laws, not of men. [read post]
3 Sep 2018, 9:30 pm by Robert V. Percival
” And the Supreme Court reversed the decision by a vote of 6-2, with only Justices Antonin Scalia and Clarence Thomas dissenting. [read post]
4 Oct 2019, 7:55 am by Amy Howe
The justices’ announcement that they will weigh in on the constitutionality of the Louisiana law comes less than three and a half years after the court – following the death of Justice Antonin Scalia – struck down a similar law from Texas by a vote of 5-3. [read post]
1 Jul 2024, 1:07 pm by Mark Walsh
It reminds me of a similar time, in 2015, when Justice Antonin Scalia followed the tense reading of a dissent (by Roberts) in Obergefell v. [read post]
4 Sep 2009, 5:36 am
Garner must be looked at with favor by members of the Supreme Court, he also wrote Making Your Case: The Art of Persuading Judges with Supreme Court Justice Antonin Scalia. [read post]
26 Jan 2016, 9:01 pm by Michael C. Dorf
To use an example posed by Justice Antonin Scalia, if a government employee were fired because “his government employer thought he had committed a felony and he hadn’t,” state law might grant the employee some relief, but the federal Constitution would not be implicated. [read post]
3 Mar 2014, 11:29 am by Lyle Denniston
Justice Antonin Scalia expended considerable effort to buttress Florida’s basic argument that the scientific community cannot be trusted to make the rules for eligibility for capital punishment, but except for some supportive hints from Justice Samuel A. [read post]
21 May 2018, 2:46 am by Scott Bomboy
United States (1997), Justice Antonin Scalia said that a federal gun control law that forced local law enforcement to perform hand-gun background checks went against the 10th Amendment’s principles. [read post]
19 Jun 2022, 9:01 pm by Marci A. Hamilton
There were four Justices intent on overruling Roe: Chief Justice William Rehnquist and Justices Byron White, Anthony Kennedy, and Antonin Scalia. [read post]
7 Jul 2015, 3:00 am by Lyle Denniston
Of the other members of the court, of course, one could immediately rule out Justices Antonin Scalia and Clarence Thomas, who each wrote a strongly worded opinion seeking to answer Justice Breyer’s critique. [read post]
17 Apr 2008, 11:59 am
On Wednesday, Roberts and Justice Antonin Scalia said that standards were moving in the direction of tougher punishment for those who harmed children. [read post]