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2 Mar 2016, 8:14 am
Personally, I find Justice Samuel Alito’s dissent (joined by Justices John Roberts, Antonin Scalia and Anthony Kennedy) pretty persuasive; this looks a lot more like private speech to me, and the government has an obligation to be neutral between competing expressions: The Court holds that all the privately created messages on the many specialty plates issued by the State of Texas convey a government message rather than the message of the motorist displaying the plate. [read post]
Main Street, gadflies, and corporate democracy: a first look at comments on the SEC’s proxy proposal
5 Feb 2020, 6:45 am
By Mark S. [read post]
21 Nov 2018, 7:35 am
The new rule’s attempt to categorically regulate a prominent space that Congress has clearly occupied amounts to finding an “elephant in a mousehole”—an agency foible that Justice Antonin Scalia lampooned in Whitman v. [read post]
29 Nov 2016, 8:09 am
Trump (@realDonaldTrump) November 29, 2016 But the Supreme Court held that flag-burning is constitutionally protected symbolic expression (in an opinion joined by Justice Antonin Scalia), and the vote was 5-4 when the matter arose in 1989 and 1990; I suspect it would be much more strongly in favor of protection today. [read post]
12 Sep 2022, 6:30 am
As Justice Antonin Scalia once said of the amendment process, it should “be hard, but not that hard. [read post]
8 Mar 2017, 10:37 am
The hearing has been scheduled for the same day as the beginning of the Senate Judiciary Committee’s hearings on the nomination of Judge Neil Gorsuch to succeed the late Justice Antonin Scalia on the United States Supreme Court. [read post]
26 Mar 2019, 7:29 am
Recently, there has been a lot of talk on the ideological left in the United States, including among certain Democratic presidential candidates, about the benefits of adding seats to the Supreme Court (that is, “Court expansion” or “Court-packing,” depending on one’s rhetorical objectives) when the Democrats again control the White House and both houses of Congress. [read post]
11 Feb 2022, 6:30 am
For the Balkinization symposium on Aziz Huq, The Collapse of Constitutional Remedies (Oxford University Press, 2021).Lee Kovarsky The court hereby dismisses the excessive force claim because the constitutional law wasn’t clearly established. [read post]
4 May 2023, 4:00 am
This paragraph taken from a Bloomberg article is a tad chilling:The Federalist Society’s Antonin Scalia Memorial Dinner held Thursday night in Washington’s Union Station attracted a crowd of hundreds, including Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh.... [read post]
5 Jul 2018, 12:44 pm
American Trucking Association, a case involving Environmental Protection Agency discretion, Justice Antonin Scalia wrote for a 9-0 court that In the history of the Court we have found the requisite ‘intelligible principle’ lacking in only two statutes, one of which provided literally no guidance for the exercise of discretion, and the other of which conferred authority to regulate the entire economy on the basis of no more precise a standard than stimulating the economy… [read post]
16 Jun 2020, 6:30 am
“Of course it is our moral heritage that one should not hate any human being or class of human beings,” wrote Justice Antonin Scalia. [read post]
11 Jan 2018, 7:58 am
I suspect that either Justice Antonin Scalia or Justice Neil Gorsuch would agree with the Fifth Circuit. [read post]
3 May 2018, 3:51 pm
That makes it more defensible to insulate investigation of high-level executive wrongdoing from presidential control, even if such insulation carries risks of its own, as famously elaborated in Justice Antonin Scalia's dissent in Morrison v. [read post]
26 Mar 2024, 11:04 am
And when Mitch McConnell hatched the cynical idea of simply refusing to hold a vote on Barack Obama's nominee to replace Antonin Scalia on the Supreme Court, people were stunned to learn that the Constitution's "advise and consent" clause was so general that it could be ignored.The Twenty-Second Amendment is similarly poorly drafted. [read post]
17 Jan 2019, 2:07 pm
In the coming years Thomas would join with Chief Justice William Rehnquist, Justices Antonin Scalia and Anthony Kennedy, and O’Connor to form a strong, although not impenetrable, conservative majority. [read post]
11 Oct 2019, 7:12 am
Later that month, both he and the newest justice, Brett Kavanaugh, led two-week courses abroad for George Mason University’s Antonin Scalia Law School: Gorsuch taught national security and separation of powers in Padua, Italy, while Kavanaugh, in his only event of the summer term, taught a class titled “Creation of the Constitution” in Runnymede, England, about an hour southwest of London. [read post]
28 Jun 2018, 10:25 am
In these (and other) decisions, Justice Kennedy appeared to adopt a vision of a living Constitution, one evolving with societal changes, a view very much in contrast to those of originalists such as the late Justice Antonin Scalia. [read post]
26 Feb 2020, 11:55 am
In the wake of Justice Antonin Scalia’s death, the vote was 5-3: Justice Anthony Kennedy and the court’s four more liberal justices agreed that the state has a legitimate interest in protecting the health of pregnant women. [read post]
27 Jan 2020, 8:55 am
In the wake of Justice Antonin Scalia’s death, the vote was 5-3: Justice Anthony Kennedy and the court’s four more liberal justices agreed that the state has a legitimate interest in protecting the health of pregnant women. [read post]
10 Aug 2018, 8:29 am
Justice Neil Gorsuch co-taught a course on national security and separation of powers in Padua, Italy, as part of the George Mason University Antonin Scalia Law School’s National Security Institute, while Ginsburg taught at the Loyola University Chicago School of Law’s Rome Study Law Abroad program. [read post]
