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19 Apr 2016, 8:56 am by Rory Little
  Or as Justice Thomas put it, in closing his dissent, under this (mistaken, he believes) application of Teague, “every end is instead a new beginning,” Still, Justice Anthony Kennedy’s opinion for the Court seems relatively straightforward, as it did to seven of the eight Justices – including Justice Samuel Alito, the lone dissenter in Johnson. [read post]
31 Mar 2016, 2:33 pm by Miriam Seifter
In response to Justice Samuel Alito’s opening question, Stewart agreed that if JDs were binding on the government in subsequent proceedings, they would constitute final agency action – that is, the government would lose the case. [read post]
31 Mar 2016, 7:28 am by Rory Little
(Justice Samuel Alito, likely not on Welch’s side, raised a preliminary question – which he described as “possibly irritating” – whether Welch had ever clearly raised the vagueness question. [read post]
30 Mar 2016, 4:25 pm by Steve Vladeck
Although Justice Samuel Alito pushed Hughes on whether he agreed with the Fourth Circuit that there is a “special circumstances” exception to the PLRA’s exhaustion requirement, Hughes pushed back, suggesting that although he believes the Fourth Circuit was correct, he also believed there was enough support in the record to affirm the court of appeals on the distinct ground that the unexhausted remedies were not in fact available to Blake. [read post]
30 Mar 2016, 7:57 am by Jonathan H. Adler
Justice Anthony Kennedy dissented, joined by Justice Samuel Alito. [read post]
29 Mar 2016, 7:38 am by Rory Little
” Justice Alito noted that simply reducing a sentence by the length of delay might not satisfy that standard. [read post]
25 Mar 2016, 7:03 am by John Lewis and Dustin Dow
Drawing a rebuke from dissenting Justices Clarence Thomas and Samuel Alito, a 6-2 majority opinion written by Justice Anthony Kennedy held that there is no bar to relying on representative sampling to establish liability: “Whether a representative sample may be used to establish classwide liability will depend on the purpose for which the sample is being introduced and on the underlying cause of action. [read post]
23 Mar 2016, 7:55 am by Steven Schwinn
And Justice Samuel Alito, leaning in the opposite direction, against Himmelreich, asked several times, and in several different ways, why a plain reading of the term “judgment” in the FTCA’s judgment bar didn’t answer the case. [read post]
21 Mar 2016, 5:52 pm by Amy Howe
And Justice Samuel Alito twice expressed bewilderment that the EU’s lawsuit was even in U.S. courts. [read post]
21 Mar 2016, 8:07 am by Jonathan H. Adler
This would likely make a Justice Garland closer to Justice Anthony Kennedy, Justice Stephen Breyer or even Justice Samuel Alito in criminal cases than to Scalia. [read post]