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26 Jun 2018, 10:30 am by Marty Lederman
  This is one of the principal differences between Gorsuch and the other three "dissenters":  Justices Alito, Thomas and Kennedy insist that CSLI records do not trigger the Fourth Amendment because they are not the modern-day equivalent of the customer's "papers or effects. [read post]
§§ 2703(c)(1)(B), (d), which requires a showing of reasonable suspicion — but does not require probable cause. [read post]
21 Jun 2018, 9:01 pm by Leslie C. Griffin
Justice Alito, joined by Roberts, Kennedy, Thomas, and Gorsuch, upheld the legislation. [read post]
21 Jun 2018, 8:40 am by Matthew Kolken
J., and KENNEDY, THOMAS, GINSBURG, BREYER, KAGAN, and GORSUCH,JJ., joined. [read post]
9 Jun 2018, 11:15 am by Schachtman
Causal statements are made all the time without much thought of their epistemic warrant. [read post]
3 Jun 2018, 1:52 pm
Dignity at once constrains and empowers.In an incisive and discriminating discussion of Michael Rosen’s treatment of Kant and the idea of dignity in the former’s book, Dignity: Its History and Meaning (2012), Thomas E. [read post]
25 Apr 2018, 11:01 am by Chimène Keitner
(Part II-A of Kennedy’s opinion, joined by Chief Justice John Roberts and Justice Clarence Thomas, strongly suggests that international law itself must provide for corporate liability, but indicates that “the Court need not resolve” that question.) [read post]
23 Apr 2018, 2:33 pm by Ronald Mann
” Justice Breyer questions Deputy Solicitor General Jeffrey B. [read post]
23 Apr 2018, 4:26 am by Edith Roberts
” At Jost on Justice, Kenneth Jost argues that “[o]riginalists promise in part that originalism can yield definite answers to hard legal issues and thus force judges to decide cases solely on the basis of law instead of their personal views,” “[b]ut the promise is an illusion, as seen in the dueling opinions of the two originalist justices Clarence Thomas and Neil Gorsuch” in Dimaya. [read post]