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14 May 2007, 8:03 am
Kennedy and Antonin Scalia. [read post]
26 Apr 2022, 1:34 pm
” It’s a pretty good line, though no one can really top the late Justice Antonin Scalia’s description of Lemon, in an opinion concurring in the judgment in Lamb’s Chapel v. [read post]
30 Oct 2022, 6:00 am
Antonin Scalia, Judicial Deference to Administrative Interpretations of Law, 1989 Duke L.J. 511, 517. [read post]
24 Jun 2024, 7:03 am
Chief Judge Jeffrey Sutton, a former clerk to Justice Antonin Scalia who in 2015 wrote an opinion upholding state bans on same-sex marriage, contended that because “it is difficult for anyone to be sure about predicting the long-term consequences of abandoning age limits of any sort for” gender-affirming care, the cases before the court were “precisely the kind of situation in which life-tenured judges construing a difficult-to-amend Constitution should be humble… [read post]
25 Sep 2019, 7:00 am
Hopefully, the court will remember that its role is to interpret the statute and not subject the law to “invention,” as duly noted by the late Justice Antonin Scalia in his Skilling concurrence. [read post]
22 May 2017, 5:15 pm
In 2006, Roberts had joined Justice Antonin Scalia’s concurrence to the decision in League of United Latin American Citizens v. [read post]
4 Nov 2014, 4:55 am
Justice Antonin Scalia did not mince words, telling Verrilli that, if the law falls within Congress’s power to regulate passports, “what difference does it make whether it antagonizes foreign countries? [read post]
20 Apr 2011, 9:05 am
Kennedy, and Antonin Scalia. [read post]
10 Nov 2010, 1:43 pm
Justices Clarence Thomas and Antonin Scalia are sympathetic to these cases due to their states' rights ideology. [read post]
23 Mar 2011, 12:58 pm
Offsetting the comments by those four Justices in favor of making age a Miranda factor were a series of hostile comments about introducing such a factor into the custody inquiry, by Justices Antonin Scalia and Samuel A. [read post]
12 Apr 2010, 9:50 am
Justice Antonin Scalia, who joined the Court in 1986, will be the most senior associate justice when Stevens leaves. [read post]
21 Feb 2011, 3:54 am
Someone like Ruth Bader Ginsburg, who was one of only eight women in her law school class of 500, is going to bring an entirely different perspective to the case than Antonin Scalia. [read post]
12 Oct 2020, 5:40 pm
She delivered a brief opening statement in which she talked about her background and her family and paid tribute to three former justices: Sandra Day O’Connor, the first women to serve on the court; Ruth Bader Ginsburg, who died on Sept. 18 and whose seat Barrett is nominated to fill; and Antonin Scalia, whose judicial philosophy Barrett has described as her model. [read post]
19 Jan 2022, 4:43 am
She then was admitted to ASSLaw — otherwise known as George Mason University’s Antonin Scalia Law School, for the uninitiated — and will graduate this semester. [read post]
19 Jul 2018, 12:53 pm
” As support, he cited only Justice Antonin Scalia’s 1991 concurring opinion in Freytag v. [read post]
27 Apr 2015, 7:25 am
In this post, I addressed Justice Antonin Scalia’s famous question asking when did it become unconstitutional to exclude homosexual couples from marriage? [read post]
20 Apr 2017, 6:27 am
The justices seem genuinely undecided Just as in the “old” days, when Justice Antonin Scalia was on the court, this case may turn on Justice Anthony Kennedy’s vote – and Kennedy said very little to indicate where he might land. [read post]
4 Jan 2019, 2:11 pm
Four justices – Justice Antonin Scalia, joined by then-Chief Justice William Rehnquist and Justices Sandra Day O’Connor and Clarence Thomas – believed that courts should stay out of partisan-gerrymandering claims, because it is too hard to come up with a manageable test to determine when politics plays too influential a role in redistricting, while four of their colleagues – Justices John Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer… [read post]
19 Mar 2018, 9:50 am
” The court’s decision in Auer is just a little over two decades old, but it has been the target of considerable criticism in recent years – including from the late Justice Antonin Scalia, the author of the ruling. [read post]
27 Jun 2007, 12:54 am
Five justices -- John Roberts, Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas -- formed the majority in each decision. [read post]
