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16 Jan 2019, 12:45 pm by Amy Howe
This is a hard case to handicap: Justice Ruth Bader Ginsburg was absent, Chief Justice John Roberts said very little, and Justice Clarence Thomas did not say anything at all. [read post]
Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. [read post]
9 Jan 2019, 2:48 pm by John Elwood
This is such a high-traffic area that I’ll have to be a little summary in describing the cases. [read post]
9 Jan 2019, 2:33 pm by Richard M. Re
The upshot is that, “every time we overrule a case, it’s like a little chink in an armor. [read post]
19 Dec 2018, 9:21 am by Stephen Wermiel
His second nominee, Justice Clarence Thomas, replaced Justice Thurgood Marshall in 1991 and continues on the court after 27 years. [read post]
13 Dec 2018, 8:57 am by Lindsay See
With a trifecta of striking facts, intractable circuit splits and doctrinal confusion, and implications for hundreds of other public memorials nationwide, there was little surprise that this case caught the Supreme Court’s eye. [read post]
11 Dec 2018, 1:20 pm by Jonathan Holbrook
The election results mentioned above suggest that more recent numbers might look a little different today, but the broader point is simply that some law enforcement agencies honor ICE detainers and some don’t. [read post]
11 Dec 2018, 10:03 am by Rick Garnett
Justice Clarence Thomas noted more than two decades ago that the Supreme Court’s “Establishment Clause jurisprudence is in hopeless disarray. [read post]
11 Dec 2018, 4:00 am by Edith Roberts
Rory Little analyzes the opinion for this blog. [read post]
30 Nov 2018, 9:19 am by Victoria Kwan
“I feel a little bit as though I’m repeating myself,” Kagan said. [read post]
29 Nov 2018, 7:35 am by Amy Howe
First, he says, the doctrine “has long been questioned by members of this Court, lower-court jurists, and legal scholars” – including by both Justice Ruth Bader Ginsburg and Justice Clarence Thomas. [read post]
28 Nov 2018, 11:11 am by Adam Feldman
Suffice it to say, although Supreme Court decisions are far from tenuous, they have very little preclusive effect on the court’s decision-making and instead function as persuasive guidance. [read post]
26 Nov 2018, 10:47 am by Ronald Mann
Because the scheme in question consists of little more than the promulgation of false statements, allowing scheme liability reduces Janus to nothing more than a case of incorrect pleading. [read post]
8 Nov 2018, 7:04 am by John E. Bies
Accepting Attorney General Sessions’ resignation at face value, there is little question that the appointment of the acting attorney general comports with the statutory requirements of the FVRA. [read post]
7 Nov 2018, 10:43 am by Daniel Hemel
Justice Clarence Thomas has written that “Chevron deference raises serious separation-of-powers questions”; Justice Neil Gorsuch has suggested that the Chevron is “a judge-made doctrine for the abdication of judicial duty”; and Justice Brett Kavanaugh has expressed his own doubts about Chevron deference. [read post]
2 Nov 2018, 4:48 pm by Amy Howe
Justices Clarence Thomas and Neil Gorsuch indicated that they would have granted the government’s request. [read post]
31 Oct 2018, 2:22 pm by Adam Feldman
Justices Clarence Thomas and Neil Gorsuch were much more likely to cite journal articles than their colleagues on the court, as Thomas had by far the most such cites and Gorsuch had all of his cites in a little over one term. [read post]