Search for: "In Re Gorsuch"
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16 Feb 2024, 12:13 pm
Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. [read post]
15 Feb 2024, 3:33 pm
The most remarkable thing about last Thursday’s oral argument in Trump v. [read post]
14 Feb 2024, 3:05 pm
In this post, I’ll address four things: (i) The unusual and, in some respects, questionable strategies of Trump’s counsel, Jonathan Mitchell at the oral argument; (ii) the Chief Justice’s question about why Congress repealed its 1870-enacted enforcement mechanisms in the Twentieth Century; (iii) Justice Gorsuch’s questions about the source of a state’s power to exclude insurrectionists from a ballot in a federal election;… [read post]
13 Feb 2024, 4:30 am
In light of this history, Gorsuch and Thomas have argued for a reconsideration of the modern scope of the writ, which generally allows for re-litigation of alleged constitutional error in the course of criminal trial. [read post]
12 Feb 2024, 6:46 am
Even as Neil Gorsuch fiddled in his various interventions the other day with textualist reasons to reach the outcome he was always going to reach (although he is the most likely justice to surprise us, as in Bostock v. [read post]
11 Feb 2024, 9:01 pm
” Justices Alito, Barrett, Kavanaugh, and Gorsuch voiced similar concerns about adopting such an expansive interpretation of Rule 10b-5 liability. [read post]
9 Feb 2024, 3:48 pm
" She actually turned around and looked right at Justice Gorsuch, her neighbor. [read post]
9 Feb 2024, 1:28 pm
The first installment focused on Justice Gorsuch's colloquies about Officers of the United States. [read post]
9 Feb 2024, 11:37 am
The first installment focused on Justice Gorsuch's colloquies about "Officers of the United States. [read post]
9 Feb 2024, 9:20 am
He replied that there was no such history "of which we're aware…We aren't relying necessarily on the thought processes of the people who drafted these provisions because they're unknowable. [read post]
9 Feb 2024, 7:24 am
If one has enough resolve, one should always be able to find “ascertainable standards” embedded in a regulatory statue. [read post]
8 Feb 2024, 12:51 pm
In this past December's oral argument, he insisted that "it seems to me at least as I read [Bruun and other cases] that they're all trying to work within Macomber's framework. [read post]
6 Feb 2024, 3:36 pm
Colorado’s stated objectives are, instead, entirely about (in then-Judge Gorsuch’s words) the preservation of the integrity and “practical functioning” of the Colorado primary election process. [read post]
6 Feb 2024, 11:04 am
” Justices Alito, Barrett, Kavanaugh, and Gorsuch voiced similar concerns about adopting such an expansive interpretation of Rule 10b-5 liability. [read post]
2 Feb 2024, 7:27 am
App’x 947, 948 (10th Cir. 2012) (Gorsuch, J., explaining why Colorado could exclude from its general election ballot the name of an unaffiliated presidential candidate who can’t serve in office because he was born in Guyana) (emphasis added)); accord Timmons v. [read post]
30 Jan 2024, 4:43 am
You're not. [read post]
24 Jan 2024, 3:12 pm
” They’re right. [read post]
18 Jan 2024, 3:45 am
Res. [read post]
11 Jan 2024, 4:00 am
Then in 2017, when Republicans controlled the Senate, they extended the simple-majority rule change to justices, too — and when Democrats wanted the filibuster to block the High Court nominations of Neil Gorsuch, Brett Kavanaugh or Amy Coney Barrett during the Trump administration, it was gone. [read post]
9 Jan 2024, 6:52 pm
They’re not taking an easement. [read post]
