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26 Jun 2024, 10:55 am by Amy Howe
” Justice Amy Coney Barrett, joined by Chief Justice John Roberts and Justice Brett Kavanaugh, contends that the decision to dismiss the case is the correct one for a different reason: The dispute has been “dramatically narrow[ed]. [read post]
26 Jun 2024, 9:34 am by Eugene Volokh
(The majority consisted of three conservatives—Justice Barrett, who wrote the opinion, and Chief Justice Roberts and Justice Kavanaugh—plus the three liberals, Justices Sotomayor, Kagan, and Jackson.) [read post]
25 Jun 2024, 1:29 pm by Josh Blackman
I think the Salerno dodge helped Roberts button up the eight-member majority. [read post]
25 Jun 2024, 10:57 am by Gus Hurwitz
This essay began as a response to claims that the argument that Chevron encourages congressional inaction has been refuted by the best available evidence. [read post]
25 Jun 2024, 10:14 am by Josh Blackman
[Lesson for Chief Justice Roberts from Jurassic Park.] [read post]
24 Jun 2024, 11:00 pm by Josh Blackman
Justice Jackson kept citing Garcia, and I worry that Barrett, perhaps like Roberts, may have a Harry Blackmun moment soon enough. [read post]
24 Jun 2024, 10:27 pm by Josh Blackman
 For a basic 1L ConLaw class, it is probably enough to read Chief Justice Roberts's majority opinion, Justice Jackson's concurrence, and Justice Thomas's dissent. [read post]
24 Jun 2024, 5:10 pm by Josh Blackman
During a recent event, Justice Kavanaugh referred to Justice Robert Jackson, and added, "or as we like to refer to him, the first Justice Jackson. [read post]
24 Jun 2024, 12:25 pm by Lawrence Solum
And Justice Jackson recounted how the Reconstruction Congress used racial preferences for the freedmen. [read post]
23 Jun 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Jackson did not join the per curiam opinion (an opinion, we have argued, that is open to serious historical and analytic challenge), but they nonetheless agreed with the bottom line (again, a bottom line that we find flawed) that Colorado lacked power to exclude Trump from the ballot. [read post]
23 Jun 2024, 4:31 pm by Benson Varghese
Justice Jackson (concurring): While joining the majority, she expresses concern about the difficulties lower courts face in applying Bruen’s history-focused test. [read post]
23 Jun 2024, 4:31 pm by Benson Varghese
Justice Jackson (concurring): While joining the majority, she expresses concern about the difficulties lower courts face in applying Bruen’s history-focused test. [read post]
23 Jun 2024, 4:31 pm by Benson Varghese
Justice Jackson (concurring): While joining the majority, she expresses concern about the difficulties lower courts face in applying Bruen’s history-focused test. [read post]
23 Jun 2024, 12:33 pm by Josh Blackman
He was joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kagan, and Barrett. [read post]
In middle of the sketch, Chief Justice Roberts hovers over the Supreme Court building with raised arms, uttering the words: “These two things are Not the same…for reasons too sublime for mere mortals to grasp. [read post]
21 Jun 2024, 11:45 am by Michael C. Dorf
Justice Jackson writes her own concurrence stating that if she had been on the Court when Bruen was decided, she would have dissented. [read post]
21 Jun 2024, 10:35 am by Jonathan H. Adler
Jarkesy—Gorsuch Purdue Pharma—Roberts Loper Bright/Relentless—Roberts Corner Post—Gorsuch Ohio v. [read post]