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6 Mar 2023, 9:59 am by Josh Blackman
True enough, the Lemon test considered how a "reasonable observer" would view an endorsement of religion. [read post]
27 Sep 2022, 5:01 am by Corbin Barthold
Some—including Justice Thomas—have called for it to be reexamined. [read post]
29 Jul 2023, 8:02 am
 One of the most forgettable parts of the development of the UN Guiding Principles for Business and Human Rights were its provisions on balancing prevent-mitigation-and remedy strategies when no matter what choice is made, there will be breaches of human rights. [read post]
28 Mar 2023, 11:25 am by Amanda Shanor
Roberts, Thomas, Alito, Gorsuch, and Barrett seemed inclined to view that history as suggesting that there has been no significant chilling of speech, such that the law was not overbroad and therefore constitutional. [read post]
2 Jul 2023, 5:01 am by jonathanturley
Rather than accept that Thomas holds opposing constitutional views, Mystal insisted “he doesn’t want to see anything that Ms. [read post]
29 Jun 2017, 1:32 pm by Stephen McAllister
McWilliams chose the latter option, in a 5-4 decision, with Justice Anthony Kennedy joining the majority, and Roberts, Justice Clarence Thomas, Justice Samuel Alito and Gorsuch in dissent. [read post]
2 Dec 2011, 6:33 am by Moria Miller
We don’t know who they’re targeting, why, or the extent of civilian casualties because it’s not recorded—there’s a murky view of what’s going on. [read post]
18 Apr 2007, 8:03 am
Thomas filed a separate dissent. [read post]
13 Nov 2015, 3:44 am by SHG
You wouldn’t like an America had there been no Thomas Jefferson. [read post]
20 Aug 2010, 12:09 pm by David Lat
But Justices Scalia and Thomas are viewed as quite conservative, and their books do nothing to dispel these perceptions. [read post]
4 Apr 2016, 10:16 am by Lyle Denniston
., and Clarence Thomas, each of whom wrote separately. [read post]
2 Nov 2022, 3:42 pm by Alexis Hoag-Fordjour
However, in line with Arizona’s view of Simmons, Cruz’s trial judge refused his request. [read post]
7 Jun 2021, 3:22 am by Marcia Coyle
The views of the newest justices—Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—are untested. [read post]
29 Dec 2017, 9:00 am by Stephen Wermiel
It is not unusual for one or more justices to dissent from a per curiam decision and to express separate views. [read post]
25 Apr 2019, 8:09 am by Charlotte Garden
Thomas nonetheless joined Roberts’ opinion “because it correctly applies our FAA precedents. [read post]
11 Dec 2020, 2:35 pm by Josh Blackman
Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. [read post]
5 May 2011, 4:06 pm by Lyle Denniston
  For that view, Alito was all alone; eight Justices took the opposite view. [read post]
2 Mar 2024, 3:06 am by jonathanturley
Circuit while offering a different or more nuanced view of the immunity. [read post]