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30 Jan 2012, 7:37 am
Even better: the majority of justices — including conservative Justices Antonin Scalia, John Roberts, Anthony Kennedy, and Clarence Thomas, joined by Obama appointee Sonia Sotomayor — agreed that Jones is only the beginning of the long-overdue inquiry into constitutional protections against location-based surveillance. [read post]
2 Feb 2023, 9:00 pm
During that time the Constitution was amended eight times.In between those periods, for a total of 119 years, the constitutional text was unchanged.Despite those long stretches of inaction, scholars sometimes engage in flights of fancy and propose amendments that would modernize our political system or make it more democratic.But notwithstanding those academic exercises, Article V still seems pretty moribund.Now, no matter how great the need, the combination of Article V’s supermajority… [read post]
25 Sep 2020, 6:33 am
” The late Justice Antonin Scalia had a more pragmatic view. [read post]
13 Oct 2020, 6:00 am
The following language from Justice Antonin Scalia’s majority opinion is critical to this case: The word “seizure” readily bears the meaning of a laying on of hands or application of physical force to restrain movement, even when it is ultimately unsuccessful. [read post]
28 Sep 2017, 7:54 am
They returned to the question again two terms ago and heard oral argument in January 2016, but they deadlocked after the February 13, 2016, death of Justice Antonin Scalia. [read post]
31 Jan 2019, 11:36 am
Several justices, including Auer’s author, the late Justice Antonin Scalia, have recognized that Auer unduly aggrandizes agency authority without legislative warrant. [read post]
3 May 2018, 8:45 am
The only real criticism of Ginsburg comes from George Mason University Antonin Scalia Law School professor Helen Alvaré, who appears briefly toward the end of the movie to condemn the justice’s comments about then-presidential candidate Donald Trump – for which Ginsburg has apologized. [read post]
28 Jun 2018, 9:04 am
Justices Antonin Scalia and Clarence Thomas and Chief Justice William Rehnquist voted against Lawrence, and to the extent that Justices Samuel Alito and Neil Gorsuch and Roberts seem to be more in the mold of these justices than of Kennedy and O’Connor, it is not hard to imagine a substantial revision in the court’s gay-rights jurisprudence. [read post]
19 May 2022, 9:05 pm
EDITOR’S CHOICE In an essay in The Regulatory Review, Ilya Somin, professor at the George Mason University Antonin Scalia Law School, argued that legal restrictions on immigration harm immigrants as well as U.S. citizens. [read post]
30 May 2022, 8:17 am
In 2012, the Supreme Court issued a 7-2 majority landmark decision (one hotly contested by Justices Clarence Thomas and Antonin Scalia) in Martinez v. [read post]
9 Jun 2015, 2:55 am
” – Excerpt from a dissenting opinion on Monday by Justice Antonin Scalia, in the Jerusalem passport case. [read post]
26 Jun 2015, 10:07 am
” The other three Justices echoed Roberts’s sentiments, sometimes in even more strident terms: Justice Antonin Scalia characterized the decision as a “judicial Putsch” and suggested that, before he signed on to an opinion like the majority’s, “I would hide my head in a bag. [read post]
3 Apr 2018, 7:31 am
” Quoting one of Justice Antonin Scalia’s last opinions, Thomas explains that “the narrow-construction principles relies on the flawed premise that the FLSA ‘pursues its remedial purpose at all costs. [read post]
5 Dec 2011, 7:14 am
Neither Justice Antonin Scalia nor the full Court took any action this morning on three separate cases seeking to block a lower federal court’s interim plans for conducting elections in 2012 for members of Texas’s delegation in the U.S. [read post]
1 Feb 2017, 11:14 am
His confirmation would simply bring the Court back to where it was with Justice Antonin Scalia, she said. [read post]
17 Feb 2017, 12:21 pm
Today the justices released the calendar for the April sitting, during which the court will hear 13 arguments – including an important religious liberty case that had been granted in January 2016, nearly one month before the February 13, 2016, death of Justice Antonin Scalia, whom Gorsuch would succeed on the court. [read post]
19 Jan 2014, 4:33 pm
United States, Justice Antonin Scalia warned about the increasing danger of independent agencies. [read post]
9 Oct 2014, 9:42 am
Chief Justice John Roberts said that going through the security checkpoint was not a principal activity, and Justice Antonin Scalia added that it was “not indispensable to taking care of the activity in the warehouse. [read post]
3 Apr 2012, 10:08 am
Roberts Jr. and Justices Antonin Scalia and Samuel A. [read post]
9 Aug 2022, 5:53 pm
I label the substantive amicus as the “GMU brief” because all-but-one signing professor have ongoing ties to George Mason University’s Antonin Scalia Law School. [read post]
