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24 Jun 2019, 11:07 am
Justice Kagan writes the opinion, joined by Thomas, Ginsburg, Alito, Gorsuch, and Kavanaugh. [read post]
24 Jun 2019, 3:55 am by Edith Roberts
” At Jost on Justice, Kenneth Jost looks at Thomas’ concurring opinion in Gamble, in which Thomas asserted that “the Supreme Court is constitutionally bound to give a precedent no weight whatsoever if the prior decision is, in his 20-20 hindsight, ‘demonstrably erroneous. [read post]
20 Jun 2019, 2:54 pm by Mark Walsh
Carlton & Harris Chiropractic Inc., about whether the Hobbs Act requires a [read post]
17 Jun 2019, 3:43 pm by Emily Hammond
Harris, Ginsburg emphasized: “A state law regulating an upstream activity within the State’s authority is not preempted simply because a downstream activity falls within a federally occupied field. [read post]
17 Jun 2019, 12:45 pm by Mark Walsh
The precedent, and the decision below, are affirmed, with Thomas filing a concurring opinion and Ginsburg and Gorsuch filing separate dissents. [read post]
15 Jun 2019, 8:00 am by Guest Blogger
   Even in Chapter Two -- where I unapologetically set out the sophisticated constitutional theory advanced in the postwar era by political scientists/philosophers like Willmoore Kendall, Martin Diamond, and Harry V. [read post]
13 Jun 2019, 11:12 am by Derek T. Muller
Kamala Harris went to Howard before attending Hastings Law. [read post]
12 Jun 2019, 3:00 am by Jim Sedor
” by Thomas Langhorne for Evansville Courier and Press New Jersey: “Gov. [read post]
10 Jun 2019, 1:40 pm by Mark Walsh
Justice Thomas with opinion in Parker Drilling v. [read post]
23 May 2019, 10:03 am by Adam Feldman
Four pairs that had significant disparities were Chief Justice Warren Burger and Justice Harry Blackmun (they voted together 33.45 percent more frequently in their first term together than across their entire careers), Justices Antonin Scalia and Anthony Kennedy, Blackmun and then-Justice William Rehnquist (later chief justice), and Souter and Thomas. [read post]
22 May 2019, 9:01 pm by Vikram David Amar
For his part, Justice Thomas for the majority acknowledges that “some plaintiffs, such as [Mr.] [read post]
20 May 2019, 9:11 am by MOTP
Take Payday Lenders and Arbitration as a Textbook Case: What is the Majority Position on Litigation Waiver and Who Got It Right? [read post]
14 May 2019, 7:29 am by Andrew Hamm
Harry Truman picked Harold Burton, a Republican, along with three centrists to the court who didn’t reflect the growing liberalism of the Democratic Party. [read post]
6 May 2019, 7:30 am by margaret
President John Adams and a lame-duck Federalist Party congressional majority shrank the size of the Court from six to five in 1801 to limit Thomas Jefferson’s appointments to the bench. [read post]
3 May 2019, 7:21 am by Andrew Hamm
The following is a series of questions prompted by the publication of Lee C. [read post]