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15 Jan 2020, 1:27 pm by Amy Howe
All the justices in that case would support the state’s position, Montana argues: The majority “concluded that a State may support non-religious education while declining to support religious education,” while even Justice Antonin Scalia’s dissent agreed that the state would not violate the Constitution if it eliminated the scholarship program altogether. [read post]
14 Oct 2020, 9:05 pm by Randolph J. May
As Justice Antonin Scalia put it in his dissenting opinion in Mistretta v. [read post]
2 Apr 2014, 8:01 pm by Amy Howe
  Chief Justice John Roberts wrote the opinion for the Court, which was joined by Justices Antonin Scalia, Anthony Kennedy, and Samuel A. [read post]
4 Apr 2017, 3:45 am by Edith Roberts
” At The Trace, Mike Spies and Dan Friedman assert that there is “no fight the National Rifle Association is more eager to wage than the one over who will claim Antonin Scalia’s seat on the United States Supreme Court. [read post]
21 Mar 2008, 7:05 pm
"  (Sunstein identified at least two "approaches" under the broader umbrella of "conservative constitutional thought": "Originalists, including Justices Antonin Scalia and Clarence Thomas," and "conservative perfectionists," including "the most influential memebers of the Lochner Court".) [read post]
28 Jun 2016, 8:47 am by Lyle Denniston
  (It would almost be a certainty that the case would have been granted if the late Justice Antonin Scalia had remained on the Court.) [read post]
24 Nov 2020, 9:00 pm by Marci A. Hamilton
As Justice Antonin Scalia wrote for the majority in Smith, the First Amendment has never been a license to be a law unto oneself. [read post]
23 Dec 2020, 3:24 pm by Justia Team
Her traditional views on the Constitution echo those of Justice Antonin Scalia, for whom she clerked. [read post]
30 Mar 2015, 9:35 am by Lyle Denniston
Justice Antonin Scalia protested that he had not even read the record so far before the Court in this case, and added that he doubted that the Court would do so in cases like this one — cases testing how to apply the Court’s 2002 decision in Atkins v. [read post]
17 May 2010, 6:35 am by James Bickford
  In the New York Times, Adam Liptak mines Kagan’s academic writing on the First Amendment in the early 1990s, concluding that it suggests “that her views on government regulation of speech were closer to the Supreme Court’s more conservative justices, like Antonin Scalia, than to Justice John Paul Stevens, whom she hopes to replace. [read post]
28 Aug 2010, 2:00 pm by Norm Pattis
Glenn Beck, Sarah Palin, Richard Blumenthal, Antonin Scalia, Barack Obama -- all tossing words into a void, hoping that something will stick. [read post]
13 Nov 2018, 9:30 pm by David B. Kopel
For this reason, handguns are the most preferred guns for lawful defense—as Justice Antonin Scalia pointed out in District of Columbia v. [read post]
2 Apr 2018, 1:20 pm by Holland & Hart
Justice Thomas quoted his friend and former colleague, deceased Justice Antonin Scalia, “Because the FLSA gives no ‘textual indication’ that its exemptions should be construed narrowly, ‘there is no reason to give [them] anything other than a fair (rather than a ‘narrow’) interpretation. [read post]
10 Jan 2018, 7:56 am by Ronald Mann
” Although I’d not heard of the canon before this case, it has a venerable lineage: It appeared in an opinion by Chief Justice John Marshall and was discussed favorably in “Reading Law: The Interpretation of Legal Texts,” by Justice Antonin Scalia and Bryan Garner. [read post]
10 Oct 2020, 7:35 am by Jonathan H. Adler
This led to the circuit nominations of folks like Antonin Scalia, Robert Bork, Frank Easterbrook, Douglas Ginsburg, Stephen Williams, J. [read post]
23 Jun 2016, 1:16 pm by Lyle Denniston
 In a sense, then, the even split was another reflection in the Court’s work of operating with an even number of Justices, following the death of Justice Antonin Scalia in February. [read post]