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3 Feb 2024, 11:29 am by Jonathan H. Adler
" Wrote Kennedy: The type of reflexive deference exhibited in some of these cases is troubling. [read post]
11 Jan 2024, 11:28 am by Holly
Thomas Dunlap, Managing Partner at DBL, stated, “Ryan has consistently demonstrated exceptional legal acumen and dedication to our clients. [read post]
20 Dec 2023, 4:00 am by Eric Segall
These three cases, taken together, are nothing less than a revolution in free exercise clause jurisprudence, tying the hands of the states when it comes to regulating private schools-- all done with no originalist support.In Kennedy v. [read post]
18 Dec 2023, 4:00 am by Michael C. Dorf
Justices Thomas, Kavanaugh, and Barrett at least slept on it before hitting "send" on the "join me" button, but none of them asked for any changes. [read post]
15 Dec 2023, 12:17 pm by Josh Blackman
But Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett votes to grant cert. [read post]
12 Dec 2023, 9:01 pm by Leslie C. Griffin
Then there was the biggest shock: Justice Clarence Thomas, long known for being silent, asked a question.She knew she did well in the argument. [read post]
11 Dec 2023, 8:32 am by Amy Howe
The justices did not explain their decision to reject Kennedy’s request. [read post]
4 Dec 2023, 11:45 am by Steve Gottlieb
O’Connor, Rehnquist, Thomas, Scalia, and Kennedy all voted to substitute their presidential preferences for the election results in 2000. [read post]
4 Dec 2023, 4:00 am by Michael C. Dorf
In any event, my point for now is that the majority opinion proceeded more or less in the same way that sports fans evaluate claims that some rule change fundamentally alters the nature of a game.Dissenting for himself and Justice Thomas in PGA Tour, Justice Scalia questioned the whole enterprise:Nowhere is it writ that PGA TOUR golf must be classic “essential” golf. [read post]
1 Dec 2023, 3:00 am by Jim Sedor
National/Federal Antagonisms Flare as Red States Try to Dictate How Blue Cities Are Run MSN – Molly Hennessy-Fiske (Washington Post) | Published: 11/27/2023 Despite long advocating small government and local control, Republican governors and legislators across a significant swath of the country are increasingly overriding the actions of Democratic cities – removing elected district attorneys or threatening to strip them of power, taking over election offices, and otherwise… [read post]
30 Nov 2023, 4:50 am by John Elwood
Justice Clarence Thomas wrote an opinion dissenting from the denial of certiorari, arguing that it “seems illogical and unfair” to relax the common-law requirement that collateral estoppel bind litigants in later litigation only when both parties are the same. [read post]