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10 Aug 2017, 3:41 pm
Gemma Barrett (Bristows) explains what this means.More on broccoli, tomatoes, and the patentability of a plant or animal obtained by means of an essentially biological processFurther to the blog post above, Kat friend Florica Rus considers issues raised as a result of these amendments.Copyright protection of minimalist furniture designMark Schweizer reports on the recent decision made by the Swiss Federal Supreme Court clarifying the requirements for the "individual character" of… [read post]
15 Jun 2019, 12:21 am
Schaefer, LLC, Smithtown, NY, for appellant.Devitt Spellman Barrett, LLP, Smithtown, NY (John M. [read post]
19 Apr 2019, 9:31 am
(Seth Barrett Tillman notes that the clause is framed in the passive voice; the president does not execute, but supervises those who execute.) [read post]
20 Oct 2016, 9:50 am
I’m pleased to say that my students Nate Barrett, Charles Linehan and Michael Smith and I filed a friend of the court brief in the case on behalf of the Reporters Committee for Freedom of the Press (many thanks to our invaluable pro bono local counsel, Daniel Schmutter of Hartman & Winnicki), and I also argued on behalf of amici, alongside defendant’s lawyer Garen Meguerian. [read post]
6 Oct 2023, 4:30 am
Children learn early on in their education that the United States Government is one of separated powers. [read post]
17 Apr 2024, 7:16 am
With the possible exception of Justice Barrett, the conservatives were skeptical of what they call a broad reading of a criminal law and apparently want to narrow it by deploying a canon that sounds in purposivism, while the liberals seemed to take the opposite view. [read post]
17 Jun 2022, 12:40 pm
By the way, Kavanaugh's defeat/withdrawal would simply have led to Amy Coney Barrett being nominated and confirmed in his place; and if in that alternative timeline Ruth Bader Ginsburg had still died prior to the 2020 election, someone else on the Federalist Society's short list would have been installed on the court. [read post]
13 Jan 2023, 8:00 am
Even before events that enabled the court composition responsible for decisions like Dobbs—namely the death of Justice Ginsburg and her quick replacement by Amy Coney Barrett—Jack Balkin observed in The Cycles of Constitutional Time that the political framework created by our Constitution was in a state of rot, requiring significant renewal. [read post]
26 Aug 2022, 8:39 am
The District Court also cited Justice Barrett's concurrence in Bruen, but only to the extent that she stated that the Court had not endorsed "freewheeling reliance on historical practice [from] the mid-to-late 19th century to establish the original meaning of the Bill of Rights. [read post]
27 Dec 2021, 4:30 am
Jackson Women's Health Organization, Justice Barrett asked the Mississippi Solicitor General, "Would a decision in your favor call any of the questions--any of the cases, sorry, that Justice Sotomayor is identifying into question? [read post]
10 Jan 2024, 5:42 pm
Congratulations to Josh Blackman and Seth Barrett Tillman for unearthing the Louisville Daily Journal’s series of pieces claiming, contrary to what President Andrew Johnson said about his job description, that Johnson was not an officer of the United States. [read post]
27 Nov 2014, 12:00 am
In large cities the world over, passengers have stopped reaching into the air to hail a cab and have begun reaching into their pockets for their smartphones. [read post]
30 Oct 2020, 1:17 pm
Notably, Justice Brett Kavanaugh and other newly appointed conservative circuit judges (although not Justice Amy Coney Barrett when she was a circuit judge) have, in separate opinions, suggested that the entire inquiry should be focused on history and tradition, without any means-end scrutiny. [read post]
24 Jun 2022, 9:06 am
The majority, in a 108-page opinion written by Justice Alito and joined by Justices Thomas, Gorsuch, Kavanaugh and Barrett said in part:The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment. [read post]
21 Mar 2022, 6:30 am
It was the only First Amendment right that now-Justice Amy Coney Barrett couldn’t name (after religion, speech, press, and assembly) during her 2020 Supreme Court confirmation hearings. [read post]
21 Apr 2023, 7:12 pm
. ___, ___ (2021) (BARRETT, J., concurring in denial of application for injunctive relief) (slip op., at 1) (warning that the Court should not act “on a short fuse without benefit of full briefing and oral argument” in a case that is “first to address the questions presented”). [read post]
11 Dec 2020, 10:59 am
Dec. 7, 2020) Note: Then-Circuit Judge Barrett was a member of the panel when this case was submitted but did not participate in the decision and judgment. [read post]
4 Apr 2024, 6:32 am
Gore--but Roberts hardly gets a free pass there, given that he, along with Justices Brett Kavanaugh and Amy Coney Barrett, was part of the Bush legal team in the case. [read post]
27 May 2024, 9:12 pm
Justice Barrett particularly pressed the point: What if a police officer jots down notes only for her own use to help think about the case, without intending them to be incorporated into a report? [read post]
17 Jan 2022, 4:30 am
In addition, Justice Barrett cheerily participated in a superspreader event in which then-President Trump announced that he was nominating her to her current seat. [read post]
