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20 May 2024, 8:06 am
Justice Alito’s dissent (which was joined by Justice Gorsuch) reached the exact opposite result and would have affirmed the Fifth Circuit’s decision. [read post]
17 May 2024, 12:29 pm
Only Justices Alito and Gorsuch found that the funding structure of the CFPB was unconstitutional. [read post]
17 May 2024, 8:23 am
Justice Alito filed a dissenting opinion, joined by Justice Gorsuch, which argued that the funding statute for the CFPB allows the CFPB to operate “without any congressional control or oversight,” and argued that the Court misinterpreted the Appropriations Clause. [read post]
17 May 2024, 5:45 am
If it comes, I think there are likely to be at least six Justices on the pro-liquidation side, with at most three liquidation skeptics (Thomas, Alito, and Gorsuch). [read post]
16 May 2024, 9:49 pm
The Alito-Gorsuch dissent made a little noise toward the "mosaic theory" of CFPB constitutional infirmity, meaning that even if no single feature of the CFPB is constitutionally fatal, the constellation of unique features is in concert nonetheless offensive. [read post]
16 May 2024, 9:05 pm
” Justice Alito, joined by Justice Gorsuch, filed a dissenting opinion, arguing that the drafters of the Constitution would be “shocked, even horrified” by the funding mechanism and that the CFPB is granted far too much financial independence. [read post]
16 May 2024, 9:55 am
Justice Samuel Alito dissented, in an opinion joined by Justice Neil Gorsuch. [read post]
16 May 2024, 9:39 am
[And what would have happened if Justices Thomas, Alito, and Gorsuch did not vote to grant the stay?] [read post]
16 May 2024, 7:09 am
Gorsuch joined. [read post]
15 May 2024, 7:41 am
By Guest Blogger Tyler Ochoa Last week, the U.S. [read post]
13 May 2024, 9:11 am
Justice Gorsuch said that if the court had done so, it would have found that Nealy couldn’t recover copyright damages. [read post]
13 May 2024, 6:07 am
Martinelli case may be the “dead letter” offered by Justice Gorsuch. [read post]
10 May 2024, 12:57 pm
” Justice Gorsuch, dissenting from the Supreme Court’s opinion in Warner Chappell Music v. [read post]
10 May 2024, 10:38 am
Justice Gorsuch concurred, but raised concerns about “whether, and to what extent, contemporary civil forfeiture practices can be squared with the Constitution’s promise of due process. [read post]
10 May 2024, 9:31 am
The dissent, penned by Justice Neil Gorsuch, argued that the discovery rule does not apply in this case because it ordinarily applies only “in cases of fraud or concealment. [read post]
9 May 2024, 10:07 pm
Gorsuch is exactly right. [read post]
9 May 2024, 7:23 pm
Justices Gorsuch, Thomas and Alito dissented. [read post]
9 May 2024, 2:41 pm
Notice that Gorsuch's reasoning effectively [read post]
9 May 2024, 11:46 am
“Supreme Court Justice Neil Gorsuch co-authors book on laws. [read post]
9 May 2024, 10:55 am
As the dissent by Justice Gorsuch notes, this is a big caveat for the case, and there is some likelihood that in a separate case the court will entirely eliminate the discovery accrual rule. [read post]
