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8 Apr 2019, 7:12 am by NCC Staff
In recent years, however, the Seventeenth Amendment has come under some criticism from conservatives like Justice Antonin Scalia, columnist George Will, and a host of Republicans in Congress for removing an important power from state legislatures. [read post]
27 Oct 2022, 9:05 am by Wen Fa
As the late Justice Antonin Scalia put it, the race-based distribution of benefits and burdens is alien to the Constitution’s focus upon the individual. [read post]
20 Mar 2019, 9:01 pm by Samuel Estreicher
Textualism in statutory interpretation is a good thing because, as the late Justice Antonin Scalia repeatedly and wisely cautioned, legislators vote on text, not diffuse emanations of policy discernible only to (certain) judges and academics; in statutory cases the court’s ruling must be based on a reasonable interpretation of the text. [read post]
20 Apr 2017, 9:30 pm by James Kim
According to a recent report from the Center for Progressive Reform (CPR), the nomination of Antonin Scalia Law School, George Mason University professor Neomi Rao to serve as the Administrator of the White House Office of Information and Regulatory Affairs (OIRA) indicates the Trump Administration is taking seriously its stated goal to cut regulations. [read post]
19 Apr 2010, 10:18 am by Lyle Denniston
From questions and comments, it appeared that the Justices would line up — at least preliminarily — this way: the Chief Justice and Justices Alito and Antonin Scalia were sympathetic to the Christian Legal Society’s challenge, Justice Ruth Bader Ginsburg was sympathetic to the Law School’s non-discrimination goal and doubtful about the Society’s evidence of bias, Justice Sonia Sotomayor seemed more persuaded by the Law School’s argument than the… [read post]
6 Oct 2010, 9:50 am by Lyle Denniston
., and embellished by Justice Antonin Scalia). [read post]
26 Jun 2015, 12:38 pm by NCC Staff
” Justice Antonin Scalia (Dissent) “This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves. [read post]
7 Jun 2017, 12:41 pm by Jonathan H. Adler
President Ronald Reagan placed quite a few prominent legal academics on the bench, including Antonin Scalia, Frank Easterbrook, Douglas Ginsburg and Stephen Williams, and these nominations certainly had an outsize influence on the courts. [read post]
10 Jul 2007, 8:08 am
" Likewise, Keller noted, the majority was not swayed by Justice Antonin Scalia's argument in a concurring opinion that the inference of wrongful intent must be "more plausible than the inference of innocence. [read post]
27 Jan 2022, 9:03 pm by Katelynn Catalano
The Supreme Court previously upheld the University of Texas at Austin’s use of race in its admissions process in 2016 by a vote of four to three following the death of Justice Antonin Scalia and the recusal of Justice Elena Kagan. [read post]
3 May 2023, 11:49 am by Ilya Somin
Justice Antonin Scalia, the Court's leading advocate of originalism at the time, joined Justice O'Connor's mostly non-originalist dissent, but did not join Justice Clarence Thomas's much more originalist (and in my view much stronger) dissenting opinion. [read post]
23 Jun 2016, 3:25 pm by Gabriel Chin
Thus, any movement toward the seating of a replacement for Justice Antonin Scalia might warrant rehearing. [read post]
23 Apr 2013, 4:31 pm by Lyle Denniston
Breyer, Ruth Bader Ginsburg, Elena Kagan, Anthony Kennedy, and Antonin Scalia. [read post]
15 Apr 2016, 7:42 am by Stephen Wermiel
Apparently the Supreme Court, in the absence of the late Justice Antonin Scalia, may believe that the best course of action is to try to find some way to facilitate the contraceptive coverage required by law without any involvement whatsoever by the religious non-profits. [read post]
19 Sep 2020, 10:40 am by Sara Savat
In 2016, Senate Republicans refused to consider President Obama’s nominee Garland to replace the late Antonin Scalia and cited a June 1992 speech by then-Sen. [read post]
5 May 2010, 12:21 pm by Erin Miller
Justice Antonin Scalia argued, in dissent, that political patronage was an American tradition which the Court ought to respect. [read post]
25 Jan 2007, 12:06 am
Speaking at Iona College in New York Tuesday, Justice Antonin Scalia said critics of the Bush v. [read post]
25 Feb 2021, 9:01 pm by Austin Sarat
The late Supreme Court Justice Antonin Scalia correctly observed that “The reality is that any innocent defendant is infinitely better off appealing a death sentence than a sentence of life imprisonment. [read post]
23 Apr 2018, 3:15 pm by Mark Walsh
Rosenstein (Art Lien) Recent U.S. attorneys general Janet Reno, William Barr, Michael Mukasey and Richard Thornburgh have all delivered arguments, Marcia Coyle reports in the National Law Journal, as did other senior Justice Department officials who were not in the solicitor general’s office, such as William Rehnquist and Antonin Scalia. [read post]
1 Sep 2018, 6:15 am by Lyle Denniston
When the Court last ruled on the Obama deferred deportation policy, in June 2016, the Court had only eight members following the death of Justice Antonin Scalia. [read post]