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10 May 2022, 2:08 pm
Some conservative jurists, such as Supreme Court Justices Clarence Thomas and the late Antonin Scalia, have argued that the Dormant Commerce Clause doctrine lacks originalist support and should be abolished. [read post]
2 Jan 2019, 7:07 am
The case also marks the first consideration of pre-emption issues by a newly constituted court, with Justice Neil Gorsuch replacing Justice Antonin Scalia (a dissenter in Wyeth) and Justice Brett Kavanaugh replacing Justice Anthony Kennedy (who joined the majority in Wyeth). [read post]
10 Apr 2024, 9:01 pm
One writer noted that Supreme Court Justice “Antonin Scalia was a truly devout Catholic—not a cafeteria Catholic, not a Christmas and Easter Catholic, not even a once a week Sunday Catholic. [read post]
31 Jul 2008, 11:45 am
In a 93-page opinion in the Miers/Bolten contempt case, Judge Bates not only rejects all of the various Administration arguments against justiciability, but goes so far as to reach the merits and hold that there is no basis for the DOJ argument that close presidential advisers are absolutely immune from compelled congressional testimony: There are powerful reasons supporting the rejection of absolute immunity as asserted by the Executive here. [read post]
31 Mar 2009, 4:57 am
If James Madison had dictated that GM manufacture Chevrolets, Buicks, Pontiacs, Cadillacs, and Oldsmobiles unto eternity, then Antonin Scalia and his friends would be saying t [read post]
24 Apr 2015, 5:07 am
When you're losing Elena Kagan and Sam Alito, and Antonin Scalia and Sonia Sotomayor, all at the same time, your position is not merely wrong. [read post]
1 May 2016, 7:06 pm
Behrend, written by the late Justice Antonin Scalia. [read post]
19 Jan 2010, 12:35 pm
-even though the majority included Antonin Scalia, one of our most conservative justices. [read post]
16 Jul 2018, 3:28 am
Rehnquist and Antonin Scalia. [read post]
14 May 2016, 5:55 am
Justice Antonin Scalia wrote the opinion and responded to critics who argued that harassment of men by men was unquestionably not what Congress had in mind when it passed Title VII. [read post]
31 Jul 2014, 1:43 pm
"Anyone anywhere" includes George Washington, Abraham Lincoln and Ronald Reagan, not to mention Clarence Thomas, Antonin Scalia and, for the last forty years, 60% or more of the American people.Consider that between 1980 and 2012, California spent $4 billion administering death penalty cases while actually executing just 13 individuals, according to a study produced by Loyola Marymount Law Professor Paula Mitchell. [read post]
24 Feb 2014, 2:03 pm
That experiment only lasted until 1990, when, in a controversial opinion by Justice Antonin Scalia, the Court ruled that generally applicable laws were constitutionally valid if they don’t specifically discriminate against religious people. [read post]
5 Aug 2008, 3:31 pm
Medellin’s final challenge is before Justice Antonin Scalia, as Circuit Justice for the area that includes Texas. [read post]
1 Mar 2010, 11:35 am
” Justice Antonin Scalia, a known foe of the “honest services” law, also lectured Dreeben on what the Justice saw as the excessive reach of the law — a theme echoed through the remainder of the argument by others on the bench. [read post]
15 Feb 2018, 11:59 am
In discussing what would happen to Justice Antonin Scalia’s unfinished opinions after the justice’s sudden death two years ago, Steve Wermiel wrote for this blog (as Murphy did in his biography) that “one of the most important free speech rulings in the Court’s history,” Brandenburg v. [read post]
29 Sep 2020, 3:29 pm
In a decision written by the late Justice Antonin Scalia, the Court said in Morrison that the U.S. securities laws apply only to “transactions in securities listed on domestic exchanges, and domestic transactions in other securities. [read post]
11 May 2022, 8:40 am
" As Justice Antonin Scalia is reported to have put it with characteristic candor: "If I ever discover that you have betrayed the confidences of what goes on in these chambers, I will do everything in my power to ruin your career. [read post]
3 Apr 2019, 7:04 am
To quote Smith’s author, Justice Antonin Scalia, the court held in that case that the Constitution’s free exercise clause “does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes). [read post]
19 Nov 2007, 12:03 am
Supreme Court Justice Antonin Scalia, never one to mince words, best summed up the reason for the conservative legal group's big event: "We thought we were just planting a flower among the weeds of academic liberalism. [read post]
18 Oct 2019, 12:30 pm
In 2001, Justice Antonin Scalia famously asked, "What is golf? [read post]
