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1 Jul 2012, 10:16 am by Randy Barnett
The language in the dissent was sweeping, arguing the Court was overreaching in the name of restraint and ignoring key structural protections in the Constitution. [read post]
28 Jun 2012, 2:29 pm
"The key person in this whole thing was clearly the Chief Justice," Coyle said. [read post]
28 Jun 2012, 8:07 am by Mike Scarcella
Justices Samuel Alito Jr., Anthony Kennedy, Antonin Scalia and Clarence Thomas said the Affordable Care Act should have been deemed unconstitutional. [read post]
25 Jun 2012, 9:15 am by Michael W. Khalili
Justices Antonin Scalia and Clarence Thomas would have allowed all the challenged provisions to take effect. [read post]
28 May 2012, 8:01 am by Gritsforbreakfast
The Post/ProPublica stories alleged that the US Pardon Attorney's office at the DOJ misrepresented key facts to Aaron's detriment, even though the Bush Administration told DOJ they were looking for more suitable applicants. [read post]
3 May 2012, 7:57 am by Rick Hasen
Wider problems with absentee ballots led a federal judge to overturn results of a key Philadelphia legislative race in 1993, deciding which party controlled the State Senate. [read post]
25 Apr 2012, 1:30 pm by Lyle Denniston
   Justice Clarence Thomas, who said nothing during the argument, is known to be totally opposed to the kind of technical legal challenge that the government has mounted against S.B. 1070. [read post]
22 Apr 2012, 1:32 am
These days, the absence of the late Clarence Clemons's saxophone solos makes the plainness more evident. [read post]
20 Apr 2012, 11:42 am by Lyle Denniston
  Responding, and defending lower court orders that blocked four key parts of the state law, will be U.S. [read post]
6 Apr 2012, 3:52 pm by Mary L. Dudziak
Ken Mack, Harvard Law School, has an essay, The Roots of Clarence Thomas' Black Burden, at The Root. [read post]
30 Mar 2012, 12:45 pm by Ilya Somin
As Justice Antonin Scalia put it, the key question is this: “What is left? [read post]
29 Mar 2012, 12:10 pm by Tom Lamb
  Justice Clarence Thomas delivered the opinion of the Court, concluding that federal drug regulations applicable to generic drug manufacturers directly conflict with, and thus pre-empt, state law claims (see, in particular, pages 4–14 and 17–20 of this Pliva v. [read post]
28 Mar 2012, 3:56 pm by Lyle Denniston
Clement, took turns as the final minutes of the third day of argument wound down to make a plea to the Court to think more broadly about the coming decision on not only the Medicaid expansion, but on another key piece of the ACA: the individual insurance mandate that the Court had explored on Tuesday. [read post]
27 Mar 2012, 4:15 pm by Ilya Somin
UPDATE: I have changed the original reference to “all five of the conservative justices” to exclude Clarence Thomas, who – as usual – did not ask any questions. [read post]
27 Mar 2012, 4:14 pm by Amy Howe
   (The fifth member of the Court’s more conservative Justices, Justice Clarence Thomas did not ask any questions.) [read post]
27 Mar 2012, 2:41 pm by Lyle Denniston
Since Justice Clarence Thomas is known to be a determined foe of broad power in Congress to regulate economic matters, he very likely would join those four if they were to coalesce around a decision to nullify the requirement that virtually all Americans must obtain health insurance by the year 2014 or pay a financial penalty. [read post]
23 Mar 2012, 2:06 pm by Eva Arevuo
Complexity is a key reason for the severability doctrine in the first place: it is Congress that has the expertise and responsibility to decide what should be kept absent the individual mandate. [read post]
7 Mar 2012, 6:24 pm
Justice Clarence Thomas wrote that the statement’s maker is the entity or person with final authority over the statement (including its content and how it should be communicated). [read post]