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15 Feb 2023, 10:07 am by John Elwood
Justice Antonin Scalia disagreed with that assessment, writing that the prosecution of contempts aside from those necessary to protect the court’s ability to function was not an exercise of the judicial power, but executive power. [read post]
23 Mar 2016, 12:49 pm by Lyle Denniston
On an eight-member Court, with the late Justice Antonin Scalia not yet replaced, it was clear going into the Justices’ fourth review of a major controversy over the ACA that there was at least a possibility of a four-to-four split. [read post]
11 Nov 2015, 9:44 am by Ronald Mann
”  In the same vein, Justice Antonin Scalia (the author of the Court’s opinion in Great-West Life and Annuity Insurance Co. v. [read post]
12 Nov 2008, 8:24 pm
Although the Court did not appear convinced that it could rely on such simplicity, Justice Antonin Scalia provided a reminder that some ground of decision had to be found. [read post]
1 Jun 2010, 11:09 am by Jeff Gamso
Antonin Scalia, Supreme Court Justice, Roman Catholic, supporter of the death penalty, believes the Church's opposition to the death penalty is due to the Church misunderstanding Catholic doctrine. [read post]
25 Jul 2019, 9:05 pm by Alana Bevan
Supreme Court Justice Antonin Scalia, as Secretary of the U.S. [read post]
10 Jan 2012, 11:22 am by Lyle Denniston
In a moment, Justice Antonin Scalia (the author of the Court’s prior ruling in this case, two years ago, finding that federal law gave FCC authority to have its ban on “fleeting expletives”) removed any doubt that he was as strongly on the FCC’s side on the constitutional question, too. [read post]
20 Jan 2011, 8:16 pm by Lyle Denniston
Stewart would try to counter Scalia’s constitutional point, but without obvious success, especially with the Chief Justice and Justice Scalia. [read post]
25 Mar 2014, 8:32 pm by Mark Walsh
Justice Antonin Scalia announces the second decision of the day, a unanimous ruling in Lexmark International v. [read post]
29 Jun 2018, 9:05 am by Daniel Hemel
By contrast, Justice Antonin Scalia called the dormant commerce clause “a judicial fraud”; Justice Clarence Thomas said that the doctrine should be discarded; Justice Neil Gorsuch has suggested that he might agree with Thomas; and Justice Samuel Alito has indicated that he too may have dormant commerce clause doubts. [read post]
14 Aug 2013, 8:54 am by Adam Winkler
 Born in reaction to the expansive rulings of the liberal Warren Court, originalism came to prominence in the era of the Reagan Administration, backed most notably by the young scholar, judge, and eventually Justice, Antonin Scalia. [read post]
25 Mar 2022, 2:38 pm by Sam Callahan and Allon Kedem
Union Pacific offers an analogy from Justice Antonin Scalia’s dissent in a 1993 case about what it means to “use” a gun (a citation that wagers, probably wisely, that several of the current justices will share Scalia’s instincts even if his view did not prevail in that case). [read post]
30 Nov 2010, 10:28 am by Lyle Denniston
The Chief Justice displayed considerable skepticism about the District Court’s approach, and Justice Antonin Scalia, who took comparatively little part in the exchanges, also was doubtful. [read post]
4 Aug 2020, 1:16 pm by Kalvis Golde
Term limits, she contended, with each president expecting a set number of nominations during a four-year term, would reduce the arbitrariness and polarization inherent in the nominations process – epitomized, in Tanden’s view, by Senate Republicans’ refusal to consider Judge Merrick Garland’s nomination after the death of Justice Antonin Scalia in 2016. [read post]
22 Apr 2014, 1:55 pm by Mark Walsh
Breyer joining the majority and Justice Antonin Scalia writing for the dissenters. [read post]
28 Sep 2020, 9:59 am by Paul D. Knothe
As when her friend and ideological rival Justice Antonin Scalia died in 2016, Justice Ginsburg’s passing creates a vacancy on the high court in a presidential election year. [read post]
27 Jun 2019, 8:30 am by Michael Herz
At the Supreme Court, the attack began in 2011 when Justice Antonin Scalia (who had, to his later chagrin, authored Auer), went after Auer in a concurring opinion in Talk America v. [read post]
6 Mar 2008, 12:01 am
Scalia Says 'Living Constitution' Reduces Democracy The Associated Press American democracy has been weakened by a shift toward a "living Constitution" that gives judges more power and lawmakers less, Supreme Court Justice Antonin Scalia said Tuesday during an appearance at the University of Central Missouri. [read post]