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21 Apr 2023, 6:31 am by Second Circuit Civil Rights Blog
Also, allowing the state appellate process to proceed might cure any problems with the DNA process and make the Section 1983 suit unnecessary.Justice Kavanaugh wrote the majority opinion, joined by Roberts, Jackson, Kagan and Sotomayor. [read post]
20 Apr 2023, 6:41 am by Karen Pita Loor and Cassidy Heverling
At the conclusion of argument, the justices may still have found themselves adrift with Sotomayor, Gorsuch, Roberts, and possibly Barrett troubled over the breadth of the government’s definition; Kavanaugh and Alito unsettled over the conduct that might escape a definition that ties obstruction of justice to a pending investigation; and Jackson focused on Chapter 73 as definitional of offenses that relate to obstruction of justice. [read post]
20 Apr 2023, 5:47 am by Amy Howe
Justice Brett Kavanaugh wrote the court’s six-page opinion, which was joined by Chief Justice John Roberts, Justice Amy Coney Barrett, and the court’s three liberal justices – Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. [read post]
19 Apr 2023, 2:47 pm by David T. Fischer and Sheela Ranganathan
For example, Chief Justice Roberts and Justice Alito inquired whether a defendant who adopted an interpretation that it subjectively believed had a 49% likelihood of being correct could be found to have made a knowing false statement. [read post]
18 Apr 2023, 2:01 pm by Amy Howe
Justice Ketanji Brown Jackson seemed to suggest not only that this was a question better left for Congress, but also that there were good reasons why the court shouldn’t overturn Hardison. [read post]
14 Apr 2023, 5:12 pm by Gerard Magliocca
The misperception goes something like this: Robert Jackson was an aggressive advocate for presidential power as FDR's Attorney General and supported the executive seizure of private property in the interests of national security. [read post]
14 Apr 2023, 1:58 pm by Jennifer S. Bard
See, for example, these descriptions of Justices Gorsuch, Kagan, Alito, Kavanaugh Roberts, Thomas, Sotomayor, Coney-Barrett, Brown Jackson, Scalia all use the same word: “affable. [read post]
10 Apr 2023, 12:25 pm by Lawrence Solum
Jackson Women’s Health Organization intensify the gender biases of a constitutional order that for the majority of its existence denied women a voice in lawmaking and restricted women’s roles. [read post]
8 Apr 2023, 6:00 am by Michael Froomkin
Justice Robert Jackson Wrong Choice Choose wisely. [read post]
7 Apr 2023, 9:30 pm by ernst
Congratulations to Karl Shoemaker on his appointment as the Robert F. and Sylvia T. [read post]
7 Apr 2023, 12:30 pm by John Ross
Justice Robert Jackson stirringly wrote: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein. [read post]
5 Apr 2023, 3:33 am by Seán Binder
Jackson set Badalian’s sentencing hearing for mid-July. [read post]
4 Apr 2023, 3:17 pm by Matthew Guariglia
From Boston to San Francisco, Jackson, Mississippi to Minneapolis, elected officials and activists know that face surveillance gives police the power to track us wherever we go. [read post]
4 Apr 2023, 6:30 am
Jackson Jr.; The Untenable Case for Keeping Investors in the Dark (discussed on the Forum here) by Lucian Bebchuk, Robert J. [read post]
4 Apr 2023, 6:30 am
Jackson Jr.; The Untenable Case for Keeping Investors in the Dark (discussed on the Forum here) by Lucian Bebchuk, Robert J. [read post]
2 Apr 2023, 6:30 am
Jackson Jr.; The Untenable Case for Keeping Investors in the Dark (discussed on the Forum here) by Lucian Bebchuk, Robert J. [read post]
2 Apr 2023, 6:30 am
Jackson Jr.; The Untenable Case for Keeping Investors in the Dark (discussed on the Forum here) by Lucian Bebchuk, Robert J. [read post]
2 Apr 2023, 4:15 am
As the attorney general and future justice Robert Jackson observed more than 80 years ago, 'A prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone.' He added, 'It is not a question of discovering the commission of a crime and then looking for the man who has committed it; it is a question of picking the man and then searching the law books or putting investigators to work to pin some offense on… [read post]