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27 Jun 2022, 8:57 am by Lenese Herbert
” The court’s opinion, written by Justice Samuel Alito (and joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett), immediately struck an almost incredulous tone at the notion that Miranda ever provided suspects anything other than prophylactic procedures for in-custody interrogations: “At no point in the [Miranda] opinion did the Court state that a violation of its new rules constituted a violation of the… [read post]
15 Sep 2009, 2:40 am
The Associated Press State & Local Wire,  September 15, 2009 Tuesday 1:08 AM GMT,  ,  STATE AND REGIONAL,  483 words,  3 New York residences raided in terrorism probe,  By TOM HAYS and DEVLIN BARRETT, Associated Press Writers,  WASHINGTON ... [read post]
16 May 2022, 4:00 am by jonathanturley
” Indeed, such a motive might come as something of a surprise to Justice Clarence Thomas, given his own interracial marriage, or to Justice Amy Coney Barrett, given her own interracial family. [read post]
19 Jan 2023, 1:25 pm by Amy Howe
Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett, along with Kavanaugh, joined the Alito opinion. [read post]
22 Mar 2011, 1:29 pm by Steve Hall
Food and Drug Administration's decision not to regulate foreign thiopental imports.The attorneys also appealed to Holder to not help states obtain the drug while the lawsuit moves through court.Although the DEA seized thiopental supplies imported by the Georgia Department of Corrections, Arizona Department of Corrections spokesman Barrett Marson said his agency has all requisite certifications for its supply.Beaty's motion, however, raises new questions about the efficacy of the… [read post]
13 Jun 2022, 10:37 pm by Josh Blackman
Footnote 2 of Justice Barrett's majority opinion may as well have included a face-palm emoji. 2The dissent, unwilling to accept Denezpi's framing of the case, asserts that his first conviction was for a federal offense because CFR court regulations assimilated the Tribe's assault and battery ordinance. [read post]
9 Jan 2023, 9:05 pm by Henry Miller
Justices Brett Kavanaugh and Amy Coney Barrett—not members of the Court at the time of the Gundy decision—also seem willing to adopt a stricter nondelegation test, thus creating the majority necessary to alter the doctrine. [read post]
1 Jul 2020, 11:09 am by Josh Blackman
Seth Barrett Tillman wrote about this issue a decade ago in a paper, fittingly titled, "The Puzzle of Hamilton's Federalist No. 77. [read post]
6 Oct 2020, 5:31 am by Joe Consumer
It shows that “an overwhelming majority [74%] of voters believe the Senate should prioritize coronavirus relief over confirming Supreme Court nominee Amy Coney Barrett,” whose confirmation would push the court into an even greater anti-small business direction. [read post]
14 Mar 2021, 9:12 pm by Carrie N. Baker
Without issuing an opinion explaining their decision, the six conservatives on the Court—Justices John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—granted the Trump Administration’s request to reimpose the REMS restriction on mifepristone. [read post]
11 Jan 2023, 9:08 am by Sharon Block
First, when asked by Justice Amy Coney Barrett what the court should do in this case, Assistant to the Solicitor General Vivek Suri answered that the court should send the case back to the state court. [read post]
The majority decision in Sackett, authored by Justice Alito and joined by Justices Roberts, Thomas, Gorsuch, and Barrett, roundly rejected the “significant nexus” test as inconsistent with the text and structure of the Clean Water Act and instead announced a new rule: The Clean Water Act extends only to those “adjoining” wetlands that have a “continuous surface connection” to navigable waters and are, as a practical matter, “indistinguishable”… [read post]
10 Oct 2020, 7:35 am by Jonathan H. Adler
By the same token, it's unlikely the Senate would have rushed to confirm Judge Amy Coney Barrett to replace Justice Ruth Bader Ginsburg under a presumptive schedule that allowed for more time. [read post]
21 Mar 2022, 7:57 pm by Amy Howe
Justices Elena Kagan and Amy Coney Barrett asked Thompson about the prospect that multiple legislators could try to intervene to represent the state’s interest. [read post]
26 Jun 2022, 3:12 am by jonathanturley
” It takes considerable imagination because it is utter nonsense, though it must come as something of a surprise to Justice Clarence Thomas, given his interracial marriage, or to Justice Amy Coney Barrett, given her own interracial family. [read post]
6 Jun 2024, 1:48 pm by Guest Author
Nebraska, Justice Barrett noted in a concurrence that she takes “seriously the charge that the [major questions] doctrine is inconsistent with textualism,” reconciling the doctrine as a means of both reckoning with context in statutory interpretation and “discerning—not departing from—the text’s most natural interpretation. [read post]
29 Jul 2024, 9:07 pm by Alan B. Morrison
The literal language, as interpreted by Justice Amy Comey Barrett, writing for the 6-3 majority, could support that conclusion. [read post]
8 Aug 2024, 6:41 am by Josh Blackman
(Seth Barrett Tillman and I explain why the holding of Nixon, whatever it is, was limited to some "unique" facts—which is precisely what the decision repeatedly stated.) [read post]