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10 Jun 2014, 12:50 pm by The Federalist Society
Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan joined Justice Alito's opinion. [read post]
10 Jun 2014, 12:50 pm by The Federalist Society
Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan joined Justice Alito's opinion. [read post]
9 Jun 2014, 4:24 pm
 With a lineup of Justices Kagan, Kennedy, Ginsburg, Roberts and Scalia on the "immigrant loses" side, with Justices Alito, Sotomayor, Breyer and Thomas concluding that the immigrant wins.Even crystal balls aren't that crystal. [read post]
9 Jun 2014, 12:26 pm by Kevin Johnson
Justice Sotomayor also filed a dissenting opinion, in which Justices Breyer and Thomas (except as to a footnote) joined. [read post]
9 Jun 2014, 8:40 am by Amy Howe
Four Justices – Justices Scalia, Thomas, and Alito and Chief Justice John Roberts – joined all of Justice Kennedy’s opinion with the exception of Part II-D, a brief section which indicated that the Court’s holding was also consistent with the “presumption against preemption” – the principle that courts should construe express preemption statutes narrowly. [read post]
9 Jun 2014, 7:45 am
Chief Justice Roberts concurred in the judgment separately, joined by Justice Scalia. [read post]
6 Jun 2014, 6:47 am by Amy Howe
  In his column at Verdict, he looks at the broader questions raised by the Court’s opinion, while at Dorf on Law he “address[es] a question of statutory construction that divides CJ Roberts and the majority, on one hand, from Justices Scalia, Thomas, and Alito, on the other. [read post]
6 Jun 2014, 6:44 am
  Breyer wrote for the Court to uphold the law, but Scalia and Thomas again dissented, and Chief Justice John Roberts (joined by Alito) wrote separately to prevent “incautious readers [from thinking] they have found in the majority opinion something they would not find in either the Constitution or any prior decision of ours: a federal police power. [read post]
5 Jun 2014, 9:14 am
Like Roberts, Thomas also shows little interest in the political process: This is not an area of the law in which he sees much value in democratic deliberation. [read post]
4 Jun 2014, 9:30 pm by Dan Ernst
  (See also Thomas Merrill's fine study, although I saw nothing to support his speculation about John Dickinson's influence on the Court after Crowell v. [read post]
4 Jun 2014, 8:17 am
In AID, Justices Antonin Scalia and Clarence Thomas took the view that only coercion counts as a constitutional violation. [read post]
3 Jun 2014, 9:23 am by Michael M. O'Hear
” (20) I focus here on the statutory interpretation questions that governed the majority’s analysis, but the constitutional analysis of Justices Scalia, Thomas, and Alito—all concurring in judgment—also bears note. [read post]
3 Jun 2014, 7:44 am by Stephen D. Rosenberg
For those who would prefer the Cliff Notes, Mark Thomas and Robert Shaw of Williams Mullen provide an excellent summary in this article from last week. [read post]
3 Jun 2014, 5:46 am
Today, as part of my stint guest-blogging about Uncertain Justice: The Roberts Court and the Constitution, I’m going to talk about free speech. [read post]
2 Jun 2014, 1:45 pm by Amy Howe
Chief Justice John Roberts wrote for the Court, in an opinion that was joined by Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan. [read post]