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8 Aug 2013, 2:06 pm
From Justice Antonin Scalia in the majority opinion: “Respondents argue that requiring them to litigate their claims individually — as they contracted to do — would contravene the policies of the antitrust laws …. [read post]
14 May 2016, 8:27 am
Utilizing a long list of precedents dealing with the historical “vagueness doctrine,” the late Justice Antonin Scalia, writing for the five-justice majority, said the Court’s effort to apply the residual clause had been so scattered-brained as to leave only “guesswork and intuition” in its wake. [read post]
30 May 2018, 1:26 pm
” The late Justice Antonin Scalia, who was a staunch defender of the sanctity of the home, most certainly smiled down on the Second Circuit’s decision in the Alexander case. [read post]
18 Nov 2009, 6:48 am
Originalism†Scalia’s appalling concurrence in the Raich v. [read post]
2 Apr 2014, 9:15 am
Kennedy, and Antonin Scalia. [read post]
5 Oct 2023, 12:32 pm
The American Enterprise Institute’s Daniel Lyons invoked Justice Antonin Scalia’s observation of bad policy as a “ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried. [read post]
26 May 2016, 5:15 am
With the Senate refusing to consider President Obama’s nominee to replace Justice Antonin Scalia, the current eight-justice court finds itself increasingly vulnerable to such deadlocks, unable to make definitive 5-to-4 rulings. [read post]
15 Dec 2008, 3:09 pm
., and Antonin Scalia. [read post]
27 Jun 2011, 8:45 pm
Jackson (docket 10-735), an order issued last September by Justice Antonin Scalia, blocking the verdict, lapsed automatically. [read post]
26 May 2017, 9:34 am
At that time, the court had only eight Justices, after the death of Justice Antonin Scalia. [read post]
31 May 2018, 3:00 am
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]
21 Jan 2009, 8:04 am
Breyer, Ruth Bader Ginsburg, Antonin Scalia, David H. [read post]
22 Jun 2016, 10:01 am
Unlike some of the Court’s other high-profile cases this Term, no one expects the Court to deadlock: Justice Elena Kagan is not participating, which in the wake of Justice Antonin Scalia’s death leaves the Court with just seven Justices to decide the case. [read post]
30 Sep 2022, 5:21 am
As Justices Ruth Bader Ginsburg and Antonin Scalia often said, dissenters write for the future. [read post]
8 Nov 2022, 11:43 am
Amicus curiae briefs have also been filed in support of Axon by the Washington Legal Foundation and Allied Educational Foundation, Atlantic Legal Foundation, Americans for Prosperity Foundation, Pacific Legal Foundation, the National Treasury Employees Union, the Separation of Powers Clinic at Antonin Scalia Law School, American Hospital Association, Committee for Justice, and The Justice Society. [read post]
5 May 2014, 9:05 am
They spoke through an opinion by Justice Clarence Thomas, joined by Justice Antonin Scalia on that point alone. [read post]
17 Sep 2021, 12:17 pm
Concepcion, Justice Antonin Scalia wrote for the majority that the Federal Arbitration Act requires lower courts to “place arbitration agreements on an equal footing with other contracts. [read post]
27 Jun 2018, 11:49 am
Democrats are still smarting from the fact that the Republican majority, led by Kentucky Senator Mitch McConnell, held a Supreme Court vacancy open for more than a year, thus depriving President Obama from making an appointment to the Court following the death of Justice Antonin Scalia. [read post]
24 Sep 2020, 1:14 pm
In 2016, after the tragic passing of Justice Antonin Scalia, I blogged a fair amount on the history of election year supreme court vacancies and the ever-worsening judicial confirmation process. [read post]
24 Aug 2017, 9:30 pm
Wright, of the Antonin Scalia Law School, George Mason University, argued in an essay for the Free State Foundation that “antitrust’s rule of reason framework is a superior regulatory framework than the categorical ban on vertical agreements” between Internet service providers and content providers established by the Federal Communications Commission (FCC). [read post]
