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25 Jun 2021, 6:30 am by Guest Blogger
., 561 U.S. at 791 (Scalia, J., concurring) (explaining that he had acquiesced in the due process incorporation approach “‘because it is both long established and narrowly limited’”). [read post]
5 Dec 2017, 11:00 am by James E. Pfander
PDF version A review of Amanda Tyler's Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay (Oxford, 2017). *** The appearance of Amanda Tyler’s long-awaited book, Habeas Corpus in Wartime, From the Tower of London to Guantanamo Bay, demands that we reconsider our assumptions about the operation of habeas corpus in wartime. [read post]
30 Apr 2019, 11:33 am by Josh Blackman
Special Counsel Robert Mueller’s report found that the federal obstruction of justice statutes can apply to the president, even though the statute did not expressly state that it applies to the president. [read post]
11 Apr 2023, 2:29 pm
Dawkins, 483 S.W.3d 1, 13 (Tex. 2016) (quoting Antonin Scalia & Bryan A. [read post]
24 Aug 2018, 12:30 pm by John K. Ross
" On September 21, IJ and the Law and Liberty Center at Antonin Scalia Law School will co-host a symposium to celebrate, discuss, and debate the Amendment's dramatic history, contemporary significance, and contested future. [read post]
30 Jun 2017, 9:30 am
Then Donald Trump won, Neil Gorsuch was appointed to fill the late Justice Antonin Scalia’s seat, and the Court once again had a five-member conservative majority. [read post]
12 Jun 2020, 2:35 pm by Masha Simonova
Indeed, the court, in an opinion by Justice Antonin Scalia, specifically upheld qui tam informer standing. [read post]
26 Dec 2018, 5:53 am by Daniel J. Hemel, Eric A. Posner
  In a New York Times op-ed last Friday, we wrote that William Barr, who served as attorney general under President George H.W. [read post]
28 Apr 2018, 12:23 pm by Quinta Jurecic
Ben Sasse spoke for a number of the bill’s critics when he voiced concern that this provision would be unconstitutional as a matter of separation of powers: “Many of us think we are bound” by Justice Antonin Scalia’s lone dissent in Morrison v. [read post]
11 Jun 2020, 9:39 am by Roger Parloff
District Judge John Gleeson, who is also a former U.S. attorney for the Eastern District of New York—found that the Justice Department’s stated grounds for dropping Flynn’s case were “pretextual,” “riddled with inexplicable and elementary errors of law and fact,” and “taxe[d] the credulity of the credulous” (a line borrowed from the late Justice Antonin Scalia). [read post]
23 Nov 2014, 12:00 am by Illinois BLJ
[xxii] Justice Antonin Scalia exclaimed, “He could have gotten 20 years! [read post]
4 Dec 2019, 9:00 am by Masha Simonova
On Dec. 3, the House Intelligence Committee released its impeachment inquiry report detailing President Trump’s conduct regarding Ukraine. [read post]
24 Nov 2020, 7:00 am by David Cole
Trump’s last-minute appointment of Justice Barrett saw a civil rights hero, Ruth Bader Ginsburg, replaced by a deeply Catholic abortion opponent and acolyte of the late Justice Antonin Scalia. [read post]
24 Feb 2016, 2:20 pm by Elina Saxena
”  Senate Majority Leader Mitch McConnell (R-KY) was joined by Senate Republicans in agreeing to not hold confirmation hearings for any justice nominated by the President to fill the Supreme Court vacancy left by Justice Antonin Scalia’s death. [read post]
24 Apr 2022, 6:30 am by Guest Blogger
  While they challenged the prevailing approaches, originalists like Raoul Berger, Robert Bork, Antonin Scalia were full-participants this highly professionalized elite academic project. [read post]
17 Sep 2012, 4:20 pm
Souter wasted no time taking on the theory of Constitutional interpretation advanced by his former colleague Justice Antonin Scalia that judges must adhere to a "fair reading" of the meaning the words in the Constitution had at the time they were adopted. [read post]
25 Nov 2013, 7:24 am
Original Purpose (interpretation the best reflects Framers’ original purposes) --Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series; Princeton University Press (July 27, 1998) (ISBN-9780691004006)) READ pp. 3-18 and… [read post]
7 Jun 2019, 6:30 am by Sandy Levinson
In Kersch's account, Robert George and, especially, Francis Schaeffer, are far more important than, say, Robert Bork or even Antonin Scalia, who were, as is true of most professional legal academics, obsessed with techniques of legal interpretation, including, of course, "originalism," which most of "us" tend now to identify as a defining trait of conservatism. [read post]
14 Sep 2018, 12:30 pm by John K. Ross
The symposium, co-hosted by IJ and the Liberty and Law Center at Antonin Scalia Law School, will feature an all-star lineup of scholars, practitioners, and judges—and a re-argument of the Slaughter-House Cases. [read post]