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20 Feb 2018, 9:01 pm by Michael C. Dorf
”True, gun control advocates can and do say that very same thing in our actual universe, pointing to Justice Scalia’s language in Heller qualifying the right. [read post]
16 Aug 2018, 9:01 pm by Leslie C. Griffin
Justice Antonin Scalia wrote the brilliant, and controversial, 1990 decision, Employment Division v. [read post]
20 Mar 2019, 8:55 am by Amy Howe
In 2013, after the late Justice Antonin Scalia called for the court to revisit Auer, Chief Justice John Roberts – joined by Justice Samuel Alito – wrote that Scalia had raised “serious questions” about Auer and indicated that the justices might want to revisit the issue in a later case, when it had been fully discussed by both sides. [read post]
11 Jul 2018, 9:00 pm by Rodger Citron
Only three other justices—all of them conservatives (Roberts, Antonin Scalia, and Clarence Thomas)—voted with Kennedy. [read post]
28 Nov 2017, 12:14 pm by Amy Howe
Many court-watchers believed that Phillips’ case might meet a similar fate: If the photography studio couldn’t muster the four votes needed to grant review while the late Justice Antonin Scalia was still on the court, Phillips presumably also would not be able to do so even once Scalia’s successor, Justice Neil Gorsuch, took the bench. [read post]
2 Oct 2018, 9:14 am by Rory Little
” He argues that the 11th Circuit’s view ignored not only the words but also the definitional spirit of Justice Antonin Scalia’s 2010 Curtis Johnson opinion, in which the “violent” in the ACCA’s “violent felony” was emphasized. [read post]
4 Sep 2019, 11:30 am by William Eskridge
The late Justice Antonin Scalia provided a good example of hard-hitting textualism in his 1997 opinion for a unanimous court in Oncale v. [read post]
26 Jul 2018, 8:58 am by Adam Feldman
Catholic judges in the preceding figures include: Kennedy, Justice Antonin Scalia, Brennan, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Sonia Sotomayor. [read post]
1 Mar 2016, 2:49 pm by Evan Lee
At oral argument, the late Justice Antonin Scalia – a well-known statutory interpretation maven – said, “[W]e’ve been discussing this dueling canons back and forth . . . . [read post]
16 Jun 2024, 9:01 pm by Michael C. Dorf
In fact, Justice Elena Kagan famously remarked in 2015 that “we’re all textualists now,” explaining that, thanks to the influence of Justice Antonin Scalia, jurists across the ideological spectrum came to accept the primacy of text in statutory cases.Indeed, these days liberals no less than conservatives frequently write highly textualist opinions. [read post]
3 Oct 2019, 7:44 am by Adam Feldman
Justice Antonin Scalia wrote majority decisions in more of these cases than any other Supreme Court justice, with 16. [read post]
17 Nov 2015, 9:01 pm by Michael C. Dorf
Dissenting in Grutter, Justice Antonin Scalia condemned “those universities that talk the talk of multiculturalism and racial diversity in the courts but walk the walk of tribalism and racial segregation on their campuses. [read post]
6 Nov 2020, 5:02 am by Eugene Volokh
That decision, written by the late lamented Justice Antonin Scalia, has been criticized by multiple Justices over the years as well as by a host of academics (though the ideological valence of the critique has shifted from left to right over the ensuing decades). [read post]
2 Nov 2010, 9:44 am by Lyle Denniston
” To the California lawyer’s argument that some items would not be covered because their content does not “depart from the established norms,” Justice Antonin Scalia shot back: “That same argument have been made when movies first came out. [read post]
11 Oct 2007, 8:02 am
Roberts Jr. and Justice Antonin Scalia said the Supreme Court -- not the international court or the president -- has the ultimate power to decide whether the terms of treaties are binding law within the U.S. [read post]
12 Aug 2011, 4:19 pm by Ashby Jones
Well, I think that Justices [Antonin] Scalia, [Clarence] Thomas and [Samuel] Alito have slightly different approaches. [read post]
5 Mar 2016, 10:18 am by John Floyd
  This was made clear by the late Justice Antonin Scalia who firmly believed that Bush v. [read post]