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16 Nov 2020, 9:04 am by DONALD SCARINCI
The post Justice Barrett Joins Court in Hearing Oral Arguments in Five Cases appeared first on Constitutional Law Reporter. [read post]
13 Nov 2020, 9:18 am
The plaintiff alleged that Harvard... intentionally discriminated against Asian Americans in ways that benefited applicants from other groups seeking entry to one of the world’s most competitive universities.... [read post]
10 Nov 2020, 7:52 pm by Jayesh Rathod
Roberts and Barrett revealed less, but seemed persuaded that the government could sidestep this entire issue by modifying some agency practices. [read post]
10 Nov 2020, 10:58 am by Ilya Somin
It says that "applicable individual[s] shall" purchase ACA-compliant health insurance. [read post]
9 Nov 2020, 6:28 am by Matthew Forys
“Under the new scheme, applicable individuals can lawfully choose between maintaining health insurance and doing nothing. [read post]
8 Nov 2020, 10:04 am by Carla Laroche
Thomas, along with Justices Stephen Breyer and Amy Coney Barrett, posed questions related to the applicability of the ACCA’s residual clause, which the Supreme Court previously found unconstitutional. [read post]
7 Nov 2020, 10:32 am by Tom Goldstein
It denied Pennsylvania Republicans’ applications (1) for a stay of the state court ruling (by a 4-4 vote, before Justice Amy Coney Barrett was confirmed), and (2) to expedite their petition for certiorari (with newly confirmed Barrett not participating because she did not have time to consider the application). [read post]
6 Nov 2020, 3:50 am by Abbe Gluck
The Barrett hearings made “severability” a household name, as far as legal doctrines go. [read post]
5 Nov 2020, 6:10 pm by Marty Lederman
  * * * *As the Court explained in Lukumi, and as the SG himself acknowledges in his brief in Fulton, not all exceptions or anomalous applications foreclose a rule's "general applicability" for Free Exercise purposes. [read post]
4 Nov 2020, 9:00 pm by Leslie C. Griffin
Smith says everyone has to obey neutral laws of general applicability, without religious exception, as the lower courts said Fulton should do here. [read post]
4 Nov 2020, 5:36 pm by Amy Howe
The court’s newest justice, Amy Coney Barrett, appeared less enthusiastic about overruling Smith. [read post]
3 Nov 2020, 12:58 pm by Sam Callahan and Allon Kedem
Like several of her colleagues, Barrett homed in on Section 231g and the apparent difficulties it created for Salinas’ position. [read post]
3 Nov 2020, 5:42 am
Oct. 28, 2020) (denying application to enjoin North Carolina’s State Board of Elections from extending state deadline for receipt of absentee ballots, over objections from Justices Thomas, Alito, and Gorsuch); Republican Party of Pa. v. [read post]
3 Nov 2020, 5:42 am by bhorton
Oct. 28, 2020) (denying application to enjoin North Carolina’s State Board of Elections from extending state deadline for receipt of absentee ballots, over objections from Justices Thomas, Alito, and Gorsuch); Republican Party of Pa. v. [read post]
2 Nov 2020, 9:00 pm by Dean Falvy
On the night of July 6, 1988, Mexico was on the verge of the unthinkable. [read post]
2 Nov 2020, 7:21 pm by Ilya Somin
In Taylor, a 7-1 majority (the just-confirmed new Justice Amy Coney Barrett did not participate), concluded that the lower court had gone too far in granting qualified immunity to prison officials in an egregious case where they subjected a prisoner to horrific treatment:  …Trent Taylor is an inmate in the custody of the Texas Department of Criminal Justice. [read post]
Justice Amy Coney Barrett, the Court’s newest member, did not participate in the consideration or decision of the case. [read post]