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26 Jun 2019, 11:09 am
John Sanders, acting head of U.S. [read post]
26 Jun 2019, 10:20 am
Chief Justice John Roberts agreed with the court’s decision not to overrule Auer and its discussion of the limits on Auer deference going forward. [read post]
26 Jun 2019, 8:39 am
Many thanks to our local counsel John Arechigo (Arechigo & Stokka, P.A.), my student Jason Lawler, who worked on the brief, and my cosignatories on the brief: Minnesota (or former Minnesota) law professors Dale Carpenter, Raleigh Hannah Levine, Michael Stokes Paulsen, and Gregory C. [read post]
26 Jun 2019, 7:04 am
Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. [read post]
26 Jun 2019, 6:00 am
“The firm promoted diversity long before it was even discussed in the mainstream,” said Robert Tafoya, Kern County Superior Court judge and attorney at Chain, Younger, Cohn and Stiles in the 1990s. [read post]
25 Jun 2019, 2:24 pm
With 16 of these decisions so far, the five more conservative justices (Chief Justice John Roberts, Thomas, Justice Samuel Alito, Gorsuch and Justice Brett Kavanaugh) voted together in six cases, while permutations of justices including the four more liberal justices (Justice Ruth Bader Ginsburg, Breyer, Sotomayor and Justice Elena Kagan) voted together in seven. [read post]
24 Jun 2019, 6:18 pm
“John Roberts and his mixed record on the First Amendment”: Joan Biskupic of CNN has this report. [read post]
24 Jun 2019, 4:29 pm
Chief Justice John Roberts and Justices Elena Kagan and Kavanaugh joined both majority opinions, which seem to assign different weight to the “special solicitude” doctrine. [read post]
24 Jun 2019, 3:59 pm
” Chief Justice John Roberts also focused on narrower statutory language in his divided opinion. [read post]
24 Jun 2019, 1:42 pm
(Chief Justice John Roberts recognized Dreeben’s 100th argument in April 2016.) [read post]
24 Jun 2019, 3:55 am
” At Take Care, Gillian Metzger remarks that in Gundy, “Chief Justice Roberts joined an extreme [dissenting] opinion that threatens to disrupt a basic and longstanding feature of modern government, unnecessarily undercuts a co-equal branch’s ability to function, and clearly advances a strongly partisan anti-regulatory agenda”; she warns that “if Gundy is any sign of things to come, John Roberts the institutionalist has left the… [read post]
24 Jun 2019, 1:01 am
Robert Goodloe Harper [read post]
22 Jun 2019, 12:52 pm
“John Roberts the Institutionalist? [read post]
22 Jun 2019, 8:28 am
In a concurrence, Justice Samuel Alito, joined by Chief Justice John Roberts and Justice Neil Gorsuch, attempts to clarify that the narrowness of this holding does not mean there is no governing standard. [read post]
22 Jun 2019, 6:32 am
The majority opinion in Knick, written by Chief Justice John Roberts on behalf of himself and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh, overrules Williamson County. [read post]
21 Jun 2019, 2:50 pm
Even John Degen agreed with me that this was cause for concern – thought for difference reasons. [read post]
21 Jun 2019, 12:46 pm
The court takes the bench and Chief Justice John Roberts pauses to let everyone settle in their seats before announcing that the opinion in Flowers v. [read post]
21 Jun 2019, 12:19 pm
While Sections II-A and II-D of Alito’s opinion were only joined by Chief Justice John Roberts, Justice Stephen Breyer, and Kavanaugh, the refusal of Justices Neil Gorsuch and Clarence Thomas to join them was likely not due to disagreement with the outcome they would produce, but rather because they didn’t go far enough toward an originalist approach that would itself eliminate Lemon. [read post]
21 Jun 2019, 10:42 am
The court’s opinion, written by Justice Brett Kavanaugh and joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor and Elena Kagan, depicted Flowers’ case as one that broke “no new legal ground. [read post]
21 Jun 2019, 9:04 am
The majority opinion by Chief Justice John Roberts overrules Williamson County and eliminates the Catch-22 that we highlighted in our brief, and which has long been heavily criticized by legal scholars and others. [read post]
