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31 Aug 2018, 9:24 am
Orrin Hatch is the senior member of the Senate Judiciary Committee. [read post]
19 Feb 2013, 9:01 pm
John Marshall, Oliver Wendell Holmes, and Benjamin Cardozo are among the Supreme Court justices who have grappled with how to interpret the jurisdictional phrase “arising under. [read post]
12 Oct 2016, 12:47 pm
Court Also Interprets RESPA Section 8 Anti-Kickback Provisions and Rules that the CFPB Is Subject to RESPA Statute of Limitations RESPA issues may be the most relevant aspect of the October 11, 2016, ruling by a three-judge panel of the U.S. [read post]
6 Jun 2010, 9:01 am
It would have been good to learn from then-Judge Antonin Scalia that and why he believed legislative history to be fatuous claptrap and just how his "originalism" and his view of the ossified Constitution might actually apply in the real world, both when he can live with the results and when he finds them too distasteful.It would have been good to learn from then-Judge Stephen Breyer that he believes that when there's a conflict between the language of… [read post]
11 Mar 2007, 3:17 am
[L]ast term Justice Antonin Scalia wrote a separate opinion in a death-penalty case for the sole purpose of excoriating Justice David Souter, who had written in a dissent about exonerated innocents. [read post]
30 Oct 2015, 5:31 am
Lopez claimed support for the agency’s position from — Antonin Scalia! [read post]
15 Mar 2017, 7:38 am
If Judge Neil Gorsuch is confirmed in April as Senate Majority Leader Mitch McConnell has promised, this will be one of the last eight-justice arguments in the year since the death of Justice Antonin Scalia. [read post]
27 Jun 2018, 2:33 pm
[Editor’s Note: This post, originally published at 2:23 p.m., has been moved back to the top of the blog.] [read post]
27 Mar 2012, 4:14 pm
But four members of the Court’s more conservative wing – Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, and Samuel Alito – quickly began to pepper Verrilli with questions that centered around three themes. [read post]
16 Feb 2017, 6:09 am
Because “[a] word or phrase is presumed to bear the same meaning throughout a text,” [Antonin Scalia & Bryan A. [read post]
1 Feb 2012, 1:34 pm
Also on the board of Nuturing Network is Maureen Scalia, the wife of Supreme Court Justice Antonin Scalia, no hero to women's rights and health. [read post]
11 Mar 2020, 7:14 am
It is not surprising, therefore, that Justice Antonin Scalia and Bryan Garner’s catalog of clear-statement rules in their treatise on statutory interpretation, “Reading Law,” does not mention this particular rule. [read post]
14 Jan 2013, 7:46 pm
In that case, Justice Antonin Scalia, joined by Justices Anthony M. [read post]
1 Feb 2022, 7:30 am
Other prominent alumni of the firm include Seth Waxman, who served as the solicitor general in the Clinton administration, former deputy attorney general Jamie Gorelick, and Barrett, who arrived at the firm, fresh off a clerkship with Justice Antonin Scalia, shortly after Jackson left. [read post]
27 Oct 2011, 3:11 am
Noting the Court’s repeated refusal since 1980 to imply other Bivens claims, the petition quoted the criticism of Bivens by Justice Antonin Scalia, who had said in 2001 that “Bivens is a relic of the heady days in which this Court assumed common-law powers to create causes of action,” and who added that it and its two extensions should be limited to the exact circumstances present in those cases. [read post]
27 Apr 2022, 7:28 am
Interpreting Magnuson-Moss to acknowledge the existence of, and therefore validate, UMC rulemaking does the least violence to the text, in keeping with the supremacy-of-text principle, as described by Justice Antonin Scalia and Bryan A. [read post]
5 Jan 2012, 4:02 pm
The broadcast companies and other media organizations regard the case as one of very high stakes for their freedom of expression, and the FCC, on its side, regards the case as a fundamental test of the government’s power to act against what Justice Antonin Scalia has described as “the coarseness of public entertainment.” It is important to note, at the outset, that this controversy is not about obscenity. [read post]
28 Jun 2018, 2:48 pm
Perhaps because of his years of executive-branch experience, Kavanaugh generally brings a pragmatic approach to judging, although his judicial philosophy is conservative, and he has applied principles of textualism and originalism espoused by the late Justice Antonin Scalia. [read post]
27 Jul 2014, 9:01 pm
For example, Justice Antonin Scalia—textualism’s most prominent champion—distinguishes textualism from “strict construction. [read post]
23 Mar 2017, 8:24 am
(Justice Antonin Scalia would have blanched – balancing tests were his bane.) [read post]
