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30 Sep 2022, 1:35 pm
He chronicled the court’s remembrances of Justice Antonin Scalia after Scalia’s death in 2016, the ceremonies to formally welcome new justices, and the presence of celebrities in the courtroom (or least people who pass for celebrities in Washington). [read post]
26 Jun 2015, 5:58 am
” Justice Antonin Scalia agreed, finding the meaning of that phrase “so obvious there would hardly be a need for the Supreme Court to hear a case about it. [read post]
14 Dec 2020, 12:39 am
I have lately been doing some work on cognition errors, prompted by a rereading of Jerome Groopman's How Doctors Think (2007). [read post]
12 Aug 2018, 9:01 pm
For instance, Justice Antonin Scalia was famously a “textualist,” and yet (openly) ignored the plain text of the Eleventh Amendment in deciding cases about states’ rights. [read post]
29 May 2024, 9:01 pm
” To the same effect was language from a plurality opinion authored by Justice Antonin Scalia a decade earlier in 1989 in Michael H. v. [read post]
15 Dec 2017, 7:25 am
Republican Party of Illinois, Justice Antonin Scalia argued: [T]he Fourteenth Amendment’s requirement of “equal protection of the laws,” combined with the Thirteenth Amendment’s abolition of the institution of black slavery, leaves no room for doubt that laws treating people differently because of their race are invalid. [read post]
27 Oct 2014, 5:00 am
Energized by Justice Antonin Scalia’s assault on legislative history, there has been much debate in the past few decades over how best to interpret statutes. [read post]
4 Mar 2009, 2:10 pm
Gay and Lesbian Advocates & Defenders has filed a challenge to the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), a provision of federal law that requires the federal government to refuse to recognize same-sex marriages, or to treat the partners in same-sex marriages as spouses, for any purpose of federal law. [read post]
11 Jan 2013, 9:02 pm
Kennedy, who wrote the main opinion, and Justice Antonin Scalia. [read post]
8 May 2018, 11:21 am
While Justice Antonin Scalia was not the most gregarious of justices at oral argument at least in terms of total word output, Gorsuch seems to be lagging behind Scalia’s model. [read post]
31 Jan 2014, 8:44 am
The following is a series of questions posed by Ronald Collins on the occasion of the publication of The Progeny: Justice William Brennan’s Fight to Save New York Times v. [read post]
21 Sep 2015, 8:35 am
” Justice Antonin Scalia responded that if the Court were to grant merits review on that question, then he correspondingly “would ask that counsel also brief whether” longstanding Eighth Amendment precedents, “beginning with Trop [v. [read post]
22 Jun 2017, 5:12 am
The justices agreed to review this case well over a year ago, before the death of Justice Antonin Scalia. [read post]
24 Jul 2024, 7:28 am
In November 2022, Attorney General Merrick Garland appointed Jack Smith as a special counsel to investigate former President Donald Trump’s attempts to stay in power after the 2020 election. [read post]
20 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumPaul Gowder I'd like to sketch out a preliminary outline of a different way to think about the relationship between constitutional law and democracy, one inspired by some of James Baldwin's remarks about the relationship between the struggle for racial equality and American political identity. [read post]
28 Jan 2019, 4:43 am
President Trump is making noises again about withdrawing the United States from the North Atlantic Treaty, which established NATO. [read post]
11 Jun 2019, 8:40 am
The current tug of war between the executive branch and Congress has revived interest in the exact scope of congressional investigative power. [read post]
18 Dec 2017, 6:00 am
In Part I of this series, I concluded that the “president cannot obstruct justice when he exercises his lawful authority that is vested by Article II of the Constitution. [read post]
14 Feb 2020, 9:52 am
Legislation in general terms (except for the exceptions in 1201, which are good) last longer v. tech-specific 512.Panel IIProfessor Sandra Aistars, Clinical Professor Senior Scholar and Director Copyright Research & Policy, Center for the Protection of IP, Antonin Scalia Law School, George Mason UniversityDownload TestimonyInformed by clients’ epxerience but views are her own. 512 hasn’t helped creators; the bargain Congress expected was not achieved. [read post]
17 Jun 2015, 12:17 pm
Justice Antonin Scalia has insisted on the point repeatedly. [read post]
