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22 Feb 2021, 10:17 am by psmoeller
  Justice Sonia Sotomayor authored the majority opinion, which was joined by Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan and Brett Kavanaugh. [read post]
” Justice Amy Coney Barrett’s concurring opinion, joined by Justice Brett Kavanaugh, stated that the singing ban should remain in place. [read post]
1 Feb 2021, 6:30 am by Guest Blogger
Casey and Roe being vitiated by a Supreme Court majority that would have to include either Justice Brett M. [read post]
14 Jan 2021, 12:16 pm by Ronald Mann
Early in Marcus’ presentation, for example, Justice Clarence Thomas commented that the text of 13(b)(1) “seems to suggest that [it] is focused on forward-looking, preventing a future or a present action. [read post]
13 Jan 2021, 11:05 am by John Elwood
  Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, has already opined that “there is a strong likelihood that the [Pennsylvania] Supreme Court decision violates the Federal Constitution. [read post]
13 Jan 2021, 7:21 am by Patrick McDonnell
Justice Clarence Thomas follows up, asking for an example of what would be a direct rather than derivative claim. [read post]
12 Jan 2021, 4:46 pm by Amy Howe
Mooppan noted that defendants might not want to pay even a dollar in nominal damages because they might not want to admit to wrongdoing, but he also emphasized (in response to a question from Justice Clarence Thomas) that the fees in a case involving only nominal damages would likely be minimal. [read post]
12 Jan 2021, 10:19 am by Jeremy Gordon
Readers interested in learning about another Foreign Sovereign Immunities Act case currently before the Supreme Court, Federal Republic of Germany v. [read post]
12 Jan 2021, 10:19 am by Coleman Saunders
Readers interested in learning about another Foreign Sovereign Immunities Act case currently before the Supreme Court, Hungary v. [read post]
12 Jan 2021, 10:18 am by Gabriel Chin
Six justices — Roberts, Breyer, Kagan, and Justices Clarence Thomas, Sonia Sotomayor and Brett Kavanaugh — pressed Suri on the question of how a removal order that was admittedly incapable of execution could nevertheless be regarded as “final” for purposes of triggering Section 1231. [read post]
” Justice Brett Kavanaugh delivered the opinion of the court, with Chief Justice John Roberts, and Justices Clarence Thomas, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Neil Gorsuch joining. [read post]
14 Dec 2020, 12:13 pm by Ilya Somin
Two justices – Clarence Thomas and Samuel Alito – would have granted Texas's motion to have its case heard, but they would have denied relief. [read post]
10 Dec 2020, 3:26 pm by Amanda Shanor
Justice Brett Kavanaugh questioned Ellis, as he had Clement, on why Congress would have treated prerecorded calls differently from live calls placed with an ATDS. [read post]
9 Dec 2020, 11:32 am by Ilya Somin
But it is notable that none of the other conservative justices did, including Trump appointees Neil Gorsuch and Brett Kavanaugh. [read post]
9 Dec 2020, 6:32 am by Howard M. Wasserman
Justice Brett Kavanaugh asked if Hungary sought a bright-line rule — abstain where foreign defendants injure foreign plaintiffs in a foreign country. [read post]
7 Dec 2020, 3:46 pm by Amy Howe
Justice Brett Kavanaugh quoted from Germany’s reply brief, in which the country acknowledged that it is “literally possible to read the exception to mean takings that violate any principle of international law. [read post]