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30 Sep 2009, 6:19 am
  The Times quips that although the photo shows Sotomayor standing behind the traditionally conservative Justices Antonin Scalia and Clarence Thomas, "no one expects her to vote that way. [read post]
24 Aug 2010, 10:54 am by Lyle Denniston
”  The Justices’ unsigned order, issued over the dissent of Justices Antonin Scalia and Clarence Thomas, was apparently approved on a 6-2 vote (Justice Sonia Sotomayor took no part in it.) [read post]
27 Jun 2019, 4:00 am by Thomas Merrill
(Justice Antonin Scalia made this point in his dissent in Mead.) [read post]
21 Jun 2018, 10:10 am by Amy Howe
Janus’ case is the third time that the justices have considered this question: In the first case, they concluded that the challengers were not actually government employees, and they deadlocked in the second case after the death of Justice Antonin Scalia. [read post]
5 Mar 2009, 12:36 pm
Roberts and Justice Antonin Scalia, added that juries see only the “tragic accident” before them and “are ill-equipped to perform the F.D.A. [read post]
16 Jul 2022, 8:17 pm by Guest Author
The Supreme Court ended its most recent term with a slew of blockbuster decisions, one of which was West Virginia v. [read post]
25 Feb 2020, 3:47 pm by Noah Sachs
American Trucking Associations, Justice Antonin Scalia noted that Congress “does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions—it does not, one might say, hide elephants in mouseholes. [read post]
8 Jul 2020, 9:54 am by Amy Howe
But the Supreme Court – with only eight members after the death of Justice Antonin Scalia – didn’t resolve the dispute. [read post]
3 May 2022, 7:33 am by Michael C. Dorf
Virtually any law can survive the rational basis test.Yet it does not follow that overruling Roe and Casey will take the Court “out of this area,” as Justice Antonin Scalia advocated in his Casey dissent. [read post]
8 Apr 2010, 11:01 am by Steve Hall
“This pick is two or three big notches to the left, at least in terms of overt record, of any of his previous court picks,” said Ed Whelan, president of the Ethics and Public Policy Center and a former law clerk for Supreme Court Justice Antonin Scalia. [read post]
6 Jan 2015, 8:30 am by Joe Rich and Thomas Silverstein
” Under Chevron, the Court ordinarily defers to an administering agency’s reasonable statutory interpretation, and Justice Antonin Scalia gave such deference to the EEOC’s interpretation of the ADEA in his concurring opinion in Smith. [read post]
9 Jun 2022, 9:01 pm by Vikram David Amar
Gore concurring opinion he joined (authored by Chief Justice William Rehnquist and also joined by Justice Antonin Scalia) that floated, without any sustained originalist or precedentialist analysis, ISL notions. [read post]
30 Oct 2007, 12:48 am
" But Justice Antonin Scalia pointed out that it "depends on what the dog is. [read post]
3 Jan 2019, 10:32 am by Richard M. Re
The court seemed prepared to overrule Hall by a 5-4 vote, but Justice Antonin Scalia passed away, leaving the court deadlocked on that issue. [read post]
20 Jun 2008, 7:55 am
" Writing in dissent, Justice Antonin Scalia accused the majority of being politically incorrect in its treatment of the mentally ill. [read post]
20 Mar 2008, 8:55 am
The vote was 7 to 2, with Justices Clarence Thomas and Antonin Scalia dissenting. [read post]
3 Dec 2007, 8:35 am
" The "evolving standards of decency" test, as applied to the death penalty, infuriates those such as Justice Antonin Scalia who believe the Constitution means what it meant when it was written, when some punishments were acceptable that no longer are. [read post]
30 Jun 2022, 10:50 am by Helen White
Gore, Chief Justice William Rehnquist, joined by Justices Antonin Scalia and Clarence Thomas, advanced a version of the theory that would allow federal courts to step in and block state court interpretations of state law where the federal courts found those interpretations to diverge too much from the plain text. [read post]