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19 Nov 2023, 9:00 pm
Quoting a somewhat infamous 2004 explanation by Justice Antonin Scalia for why he didn’t recuse himself in a case involving his friend and hunting companion Vice President Dick Cheney, the Code goes on to say that “the loss of one Justice is ‘effectively the same as casting a vote against the petitioner. [read post]
10 Nov 2014, 5:47 am
As Justice Antonin Scalia noted in a different case last year, “the words of a statute must be read in their context and with a view to their place in the overall statutory scheme. [read post]
14 Oct 2020, 1:21 pm
Although it is impossible to say how Barrett’s old boss, Justice Antonin Scalia, would have ruled in the case, it may be noteworthy that Barrett’s opinion prominently cites the usage manual of Bryan Garner, Scalia’s co-author of the book Reading Law: The Interpretation of Legal Texts, as support for her mode of interpretation. [read post]
31 Jan 2019, 8:14 am
Robbins, in which Justice Antonin Scalia wrote for a unanimous court that the secretary of labor’s interpretation of his own regulations is “controlling unless ‘plainly erroneous or inconsistent with the regulation. [read post]
5 Jul 2012, 10:16 am
"In the interplay of politics and law, the most important civics lesson to emerge from the court phase of the ACA was the tension between two conservative justices - Antonin Scalia and John Roberts. [read post]
15 Aug 2022, 2:02 pm
Justice Antonin Scalia once wrote that the rational basis test is really just a test of whether the legislature has a "stupid staff. [read post]
19 Apr 2010, 12:40 pm
Given a choice between 100 conservative law students, one of whom ends up clerking for Antonin Scalia or Judith Rogers Brown, and 100 conservative law students, five of whom clerk for a state supreme court justice, if I were interested in achieving legal conservatism in principle I would take the state supreme court clerks any day. [read post]
9 Jun 2009, 5:53 am
[W]e hold that an attorney may be sanctioned for making accusations of judicial impropriety that a reasonable attorney would believe are false.And so it came to pass that Antonin Scalia went duck hunting with Dick Cheney. [read post]
20 Mar 2008, 12:54 am
Justice Antonin Scalia gets the credit for this milestone. [read post]
29 Jan 2011, 8:30 pm
" So, given that I agree with a great deal of the piece, including, for example, his takedown of Antonin Scalia for basic dishonesty in the way he actually operationalizes his vaunted commitment to "originalism" and a "dead Constitution" (Scalia's term, not his critics'), why am I left so dismayed after reading the piece? [read post]
14 Jan 2016, 4:09 pm
Justice Scalia’s Concurrence Justice Antonin Scalia filed a concurring opinion in Lockhart, in which he called into question the validity of 42 U.S.C. [read post]
19 Apr 2016, 8:56 am
Yesterday’s opinion in Welch v. [read post]
23 Jun 2011, 8:34 am
” Although Justice Antonin Scalia joined the Roberts opinion, giving it a majority of five votes on the constitutional question, he wrote separately to argue that the ruling did not go far enough. [read post]
2 Jul 2018, 10:19 am
The papers of the late Justice Antonin Scalia, who died in February 2016, have been donated to Harvard University and are closed. [read post]
30 Apr 2015, 2:31 pm
(That said, as Justice Antonin Scalia notes in his dissent, the majority offers little concrete support for this view.) [read post]
22 Mar 2016, 4:07 pm
The late Justice Antonin Scalia’s seat remains vacant. [read post]
25 Mar 2014, 2:29 pm
And on the second, Justice Antonin Scalia suggested that it wouldn’t be “terribly expensive” for the government, rather than the employers, to pay for the four forms of birth control at issue in this case. [read post]
1 Dec 2015, 7:16 pm
” As Scalia later concluded, “He’s still guilty of A. [read post]
15 Sep 2010, 5:39 am
In the arbitration, the firm sought a 20 percent contingency fee it valued at $13 million.Scalia Gives Big Tobacco $270 Million ReprieveThe Associated PressSupreme Court Justice Antonin Scalia has temporarily blocked a state court order requiring tobacco companies to pay $270 million for a smoking cessation program in Louisiana. [read post]
30 Jun 2011, 3:08 pm
Commentary/Analysis “Judicial activism” is a phrase, often used in criticism of court rulings one simply does not like, that has come to have so many meanings that it may now mean little if anything objectively. [read post]