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6 Jul 2018, 8:52 am
” Writing the opinion for the court, however, Justice Antonin Scalia construed the distinctive language of the elections clause concerning the interplay of state and federal power over the “Times, Places, and Manner” of congressional elections to mean that this ordinary presumption against pre-emption does not apply in the specific context of the elections clause. [read post]
3 Dec 2011, 9:57 pm
Right now, this dispute is in the hands of Justice Antonin Scalia, in his role as the Circuit Justice for the part of the country that includes Texas — the Fifth Circuit. [read post]
9 Nov 2014, 5:55 pm
No one disputes that, as Justice Antonin Scalia wrote last Term in Utility Air Regulatory Group v. [read post]
11 Sep 2017, 8:59 am
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]
13 Dec 2016, 9:01 pm
With Republican Senators having succeeded in their refusal even to consider President Obama’s nomination of Judge Merrick Garland to fill the Supreme Court vacancy occasioned by Justice Antonin Scalia’s death, it is highly likely that the vacancy will be filled by a conservative justice in the new year. [read post]
30 Oct 2015, 7:05 am
As is so often true at oral argument, one would do well to watch Justice Antonin Scalia. [read post]
26 May 2016, 6:22 am
Since the death of Justice Antonin Scalia on February 13, as the Court operates with only eight Justices, there has been more interest in the whereabouts and activities of the three retirees. [read post]
6 Nov 2013, 11:32 am
Laycock suggested that a prayer might legally include an appeal to “the Almighty” or “the Creator,” but that only prompted Justice Antonin Scalia to suggest that those phrases would offend “devil worshipers” or atheists. [read post]
28 May 2011, 5:06 pm
Justice Clarence Thomas, joined by Justice Antonin Scalia, said in dissent that the ban could not survive the most rigorous constitutional test (“strict scrutiny”). [read post]
11 Aug 2017, 10:53 am
Jubilerer, the Supreme Court’s previous gerrymandering case from a decade ago, Justice Antonin Scalia wrote an opinion not unlike Frankfurter’s in Beauharnais. [read post]
26 Dec 2017, 9:47 am
Even Justice Antonin Scalia may have been influenced by some of the Obergefell voices briefs, at least the seven filed in opposition to marriage equality. [read post]
3 Aug 2017, 7:50 am
Four justices joined Justice Antonin Scalia’s majority opinion finding that the attachment of a GPS device was a physical trespass, akin to a “constable’s concealing himself in the target’s coach. [read post]
1 May 2018, 9:50 am
Because the court has had only eight members vote in a handful of cases over the years, including many decisions after Justice Antonin Scalia died and before Gorsuch joined the court, 5-3 splits are included in the above graph as well. [read post]
26 Jun 2017, 3:24 am
” Gorsuch’s textualism often is compared with that of the justice he replaced, the late Antonin Scalia. [read post]
25 Mar 2010, 8:26 am
"Death Row inmate gets last-minute reprieve," is the AP dispatch filed by Michael Graczyk, via the Fort Worth Star-Telegram.Wednesday's order by Justice Antonin Scalia came about an hour before Skinner was scheduled to be taken to the death chamber. [read post]
18 Sep 2020, 6:26 pm
After Justice Antonin Scalia died in February 2016, Senate Republicans immediately announced that they intended to oppose any effort to confirm a successor to Scalia until after the 2016 presidential election. [read post]
7 Apr 2017, 8:47 am
Each of the others involves a quite narrow issue – the kind of cases the court has been regularly taking on in the 14 months that it has operated with only eight members, after the death of Justice Antonin Scalia. [read post]
13 Dec 2010, 7:22 am
Justice Antonin Scalia, in a very strongly worded dissent from the Court’s refusal to hear the state of Alabama’s appeal in a death penalty case, accused federal judges of “lawless speculation” instead of following Congress’s mandate in federal habeas law to show great respect for state court decisions. [read post]
29 Nov 2011, 12:47 pm
And powerful writing: Last term, Kagan nudged her way into [Justice Antonin Scalia's] literary stratosphere. [read post]
25 Oct 2022, 9:01 pm
FEC, Justice Antonin Scalia pointed to an absence of evidence that “the right of Englishmen did not include the freedom to speak in association with other individuals, including association in the corporate form. [read post]
