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25 Sep 2020, 7:46 am
Democrats, including former President Barack Obama, are calling on Republicans to follow the precedent they set in 2016 when McConnell refused to allow an election-year vote on Judge Merrick Garland, Obama’s pick to replace Justice Antonin Scalia’s, who died in February 2016. [read post]
7 Oct 2014, 9:01 pm
Comstock, Justices Clarence Thomas and Antonin Scalia objected to a federal law permitting civil detention of mentally ill, sexually dangerous prisoners who had served their criminal sentence but would pose a danger to the public if released. [read post]
Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land
21 Feb 2019, 10:37 am
” Since then, the court has both tweaked the Lemon test and criticized it, with the late Justice Antonin Scalia famously comparing it to a “ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried. [read post]
15 Jan 2013, 12:30 pm
., Ruth Bader Ginsburg, Elena Kagan, Antonin Scalia, and Clarence Thomas. [read post]
21 Apr 2020, 9:11 am
He’s carrying on the tradition of his direct predecessor, Justice Antonin Scalia. [read post]
21 Mar 2016, 3:44 am
More coverage of the nomination of Judge Merrick Garland to succeed Justice Antonin Scalia comes from Adam Liptak, who reviews Garland’s opinions for The New York Times; Charlie Savage of The Times, who reports that “lawyers who have represented Guantánamo Bay detainees — and some liberals for whom Guantánamo is a core issue — have had a mixed reaction to the choice”; Robert Barnes of The Washington Post, who concludes that… [read post]
22 Jun 2017, 4:38 pm
Indeed, I think a general theme of October Term 2016 – and possibly the Roberts court overall without Justice Antonin Scalia – is that cases have been decided on narrow grounds whenever possible. [read post]
25 Mar 2019, 4:08 am
It also was signed by the late Justice Antonin Scalia, who has now been succeeded by Justice Gorsuch. [read post]
2 Apr 2020, 9:05 pm
Greve of the Antonin Scalia Law School at George Mason University argues for an alternative model of independent administrative courts—a system that is currently used in other parts of the world, such as Germany. [read post]
18 Mar 2019, 10:26 am
Justice Samuel Alito’s dissent was joined by Chief Justice John Roberts and Justices Antonin Scalia and Anthony Kennedy. [read post]
22 Feb 2018, 7:30 am
’” Thomas maintained that even if “a majority of Congress read the Senate Report, agreed with it, and voted for Dodd-Frank with the same intent, ‘we are a government of laws, not of men, and are governed by what Congress enacted rather than by what it intended’” (quoting Justice Antonin Scalia’s concurring opinion in Lawson v. [read post]
16 May 2011, 10:24 am
Breyer wrote for the Court; Justice Antonin Scalia, joined by Justice Clarence Thomas, refused to go along with the broader sweep of the ruling, but did not dissent. [read post]
29 Jan 2015, 8:30 am
The author of Hudson, Justice Antonin Scalia, describes himself as an originalist in Constitutional matters; it appears, however, that when it comes to the Fourth Amendment, he and the slim majority in Hudson are minimalists. [read post]
13 Oct 2020, 9:01 pm
The text does not even forbid race discrimination of any sort—although Justice Thomas perhaps is unaware of that fact, because he once joined a dissenting opinion by Justice Antonin Scalia falsely claiming that the Fourteenth Amendment “explicitly establishes racial equality as a constitutional value. [read post]
2 Aug 2018, 12:42 pm
Dean Sutton was a speaker at “Taking Legal Education Online: A Conference for Deans and Associate Deans,” at the Antonin Scalia School of Law, George Mason University, in Fairfax, Virginia. [read post]
24 Sep 2019, 7:00 am
This led to another two decades of what Justice Antonin Scalia once characterized as “chaos,” with prosecutors continuing to use honest services fraud to prosecute a wide variety of breaches of the public trust. [read post]
29 Jun 2017, 9:25 am
Assuming that Justice Antonin Scalia was the third vote against Flores-Villar, it seems that at least one justice (presumably either John Roberts or Anthony Kennedy) voted against Flores-Villar but later became convinced either of the unconstitutionality of the statute or of the availability of a remedy in criminal cases. [read post]
24 Jun 2010, 9:20 am
The Supreme Court’s Opinion In an opinion written by Justice Antonin Scalia, the Court affirmed the Second Circuit’s holding, but overturned decades of jurisprudence on the question of the extraterritorial reach of the U.S. securities laws, holding that the U.S. securities laws do not apply extraterritorially. [read post]
2 Nov 2020, 6:29 am
Perhaps there is some irony that it may take a former clerk of Justice Antonin Scalia, who wrote the court’s opinion in Smith, to bury what is his most important and influential opinion under the First Amendment. [read post]
30 Jun 2014, 2:08 pm
When the Court takes the bench at ten o’clock, Justice Antonin Scalia is absent. [read post]
