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26 Jul 2018, 8:58 am
Catholic judges in the preceding figures include: Kennedy, Justice Antonin Scalia, Brennan, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Sonia Sotomayor. [read post]
25 Jul 2018, 7:09 pm
These days, the former governor is visibly hunched over, almost similar to the way the late Pope John Paul II was, who suffered from severe arthritis in his neck. [read post]
25 Jul 2018, 8:36 am
United States, Chief Justice John Roberts called the court’s momentous Fourth Amendment decision “a narrow one. [read post]
25 Jul 2018, 5:00 am
United States—not just Chief Justice John Roberts’s majority opinion but also Justice Anthony Kennedy’s dissent—reinforce the point. [read post]
24 Jul 2018, 12:10 pm
Robert Chesney announced the Ninth National Security Law Workshop. [read post]
24 Jul 2018, 7:18 am
Further, Professor John Pfaff of Fordham Law School recently argued in a provocative summary of the current state of the criminal justice system that for prosecutors to address the “mass incarceration” problem in our society, there needs to be a change in the “price” of offenses for many categories of crime (and not just for often singled out “low hanging fruit” of drug cases).[6] Can this be done? [read post]
24 Jul 2018, 5:12 am
(A bare majority of the Court, made up of Chief Justice John Roberts and Justices Anthony Kennedy, Stephen Breyer, Samuel Alito, and Sonia Sotomayor, applied the Complete Auto test and struck down the law.) [read post]
24 Jul 2018, 4:39 am
” The editorial board of The New York Times worries that “[u]nder Chief Justice John Roberts Jr. the court has given big business a leg up on workers, unions, consumers and the environment — and will do so even more aggressively” if Kavanaugh is confirmed. [read post]
23 Jul 2018, 9:30 pm
Writing in dissent, Chief Justice John Roberts—joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan—agreed with the majority that the Court’s earlier decisions imposing a physical presence test were “wrongly decided,” but argued that the Court still should have adhered to precedent because Congress could override the Court’s earlier decisions. [read post]
21 Jul 2018, 5:25 am
Following Judge Alex Kozinski’s spectacular fall from grace, Chief Justice John Roberts created a working group to address the problem of sexual misconduct in the federal judiciary. [read post]
20 Jul 2018, 2:18 pm
Kentucky Hearings,” published in Volume 99 of the Yale Law Journal, 1989 “The President and the Independent Counsel,” published in Volume 86 of the Georgetown Law Journal, 1997 “Separation of Powers During the Forty-Fourth Presidency and Beyond,” published in Volume 93 of the Minnesota Law Review, 2008 “War, Terror, and the Federal Courts, Ten Years After 9/11,” Published in Volume 61, Issue 5, of the American University Law Review, 2012 (subscription… [read post]
20 Jul 2018, 12:30 pm
Which is egregious, say Robert McNamara of IJ and David Bookbinder of the Niskanen Center in The Wall Street Journal. [read post]
20 Jul 2018, 7:08 am
It is easy to forget the critical role played by Brennan in the still mysterious origin of the counterintelligence investigation that culminated in the appointment of Robert Mueller as Special Counsel," writes Scott Johnson at Power Line. [read post]
19 Jul 2018, 7:50 pm
“Democrats are absolutely desperate to keep Kavanaugh off the Supreme Court — and it’s hurting our country”: The conservative writing duo of John Yoo and Robert J. [read post]
19 Jul 2018, 2:52 pm
Authored by Chief Justice John Roberts, the 5-4 opinion immediately enshrines greater protections for certain forms of location data assembled by third parties. [read post]
19 Jul 2018, 12:53 pm
First, the opinion suggests that if Kavanaugh had reached the merits of the ACA case, he might have decided the case the same way as Chief Justice John Roberts, opting to uphold the individual mandate under the taxing clause in order to avoid a ruling on the commerce clause question. [read post]
19 Jul 2018, 11:49 am
ICYMI: Yesterday on Lawfare Robert Chesney and Danielle Citron announced their paper on the challenges of “deep fakes” and an event at the Heritage Foundation on Thursday which is available to livestream. [read post]
18 Jul 2018, 10:27 am
These instincts will likely place him to the right of Chief Justice John Roberts in environmental cases, shifting Roberts to the center of the court. [read post]
18 Jul 2018, 6:53 am
John A. [read post]
18 Jul 2018, 3:58 am
” In an op-ed for The Hill, Ilya Shapiro maintains that Kavanaugh’s “vote won’t change that much, for two reasons: Social issues aside, Kennedy voted with conservatives a lot; and Chief Justice John Roberts, a minimalist and incrementalist, is the new median justice. [read post]
