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Justice Stephen Breyer filed a dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined. [read post]
24 Jun 2021, 9:19 am by Scott Bomboy
” Justice Clarence Thomas dissented from the court’s majority opinion. [read post]
23 Jun 2021, 8:25 pm by Carla Laroche
Justice Elena Kagan wrote a four-justice plurality opinion, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
Justice Stephen Breyer wrote the majority opinion, joined by Chief Justice John Roberts and Justices Elena Kagan, Sonia Sotomayor, Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett. [read post]
18 Jun 2021, 1:20 pm by Jim Oleske
’” Justices Samuel Alito, Neil Gorsuch and Clarence Thomas, who would have overruled Smith in Fulton, expressed consternation at the narrow basis of the court’s opinion. [read post]
18 Jun 2021, 5:10 am by Marcia Coyle
Four other justices—Stephen Breyer, Sonia Sotomayor, Elena Kagan and Neil  Gorsuch-- indicated they agreed with Alito’s position but they chose to join Justice Thomas’s opinion in the relevant part. [read post]
18 Jun 2021, 4:30 am by Tammy Binford, Contributing Editor
Justice Stephen Breyer wrote the majority opinion and was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Clarence Thomas. [read post]
17 Jun 2021, 10:36 am by Amy Howe
In a brief opinion by Justice Clarence Thomas that was joined in relevant part by Chief Justice John Roberts and by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, the court agreed with the companies and the federal government, which filed a “friend of the court” brief supporting the companies, that the plaintiffs were asking U.S. courts to apply the Alien Tort Statute outside the United States, where U.S. laws… [read post]
17 Jun 2021, 8:51 am by Amy Howe
Justice Stephen Breyer wrote the majority opinion. [read post]
Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA. [read post]
11 Jun 2021, 2:33 pm by Amy Howe
Justice Clarence Thomas traveled to Florida to speak at the University of Florida and to the Florida chapter of the conservative legal group the Federalist Society. [read post]