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30 Jan 2019, 12:39 pm by Adam Feldman
The changes on the court – from the addition of Justices Neil Gorsuch and Brett Kavanaugh, to the loss of Justice Antonin Scalia and Kennedy, and also the absence of Ginsburg from the bench — all affect these components. [read post]
26 May 2011, 10:51 am by Lyle Denniston
Kennedy and Antonin Scalia, and the support of Justice Clarence Thomas for the two key rulings — finding that Arizona’s controls on alien workers and that its mandatory requirement of using a federal alien-status system were not displaced by federal law. [read post]
3 Dec 2020, 12:34 pm by Ilya Somin
Democrats understandably cried foul, and pointed out how the GOP's actions contradicted their own insistence, in 2016 (when President Barack Obama nominated Merrick Garland to fill the seat vacated by the death of Justice Antonin Scalia), that Supreme Court nominations should not be taken up in an election year. [read post]
9 Feb 2024, 7:24 am by Guest Author
If one has enough resolve, one should always be able to find “ascertainable standards” embedded in a regulatory statue. [read post]
7 Oct 2015, 9:01 pm by Neil H. Buchanan
In the lead-up to the 2016 Republican presidential primaries, the surprise story has of course been the emergence and staying power (thus far) of Donald Trump. [read post]
19 Mar 2019, 9:01 pm by Michael C. Dorf
He favors what the late Justice Antonin Scalia used to sometimes call the “dead Constitution. [read post]
3 Jan 2017, 3:39 pm by Francis Pileggi
This is the twelfth year that I am providing an annual list of key Delaware corporate and commercial decisions. [read post]
6 Sep 2017, 9:01 pm by Neil H. Buchanan
The president of your party has spent the summer attacking you and removing the last iota of deniability about the racism and xenophobia that animate his presidency (and much of your party). [read post]
11 Dec 2018, 10:03 am by Rick Garnett
” The late Justice Antonin Scalia had pronounced a consonant, but more colorful, conclusion, comparing the so-called “Lemon test” that (some) justices (sometimes) apply in establishment-of-religion cases to a “ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried,” to frighten little children and attorneys alike. [read post]
17 Jul 2018, 9:01 pm by Sherry F. Colb
Justice Antonin Scalia, who wrote the opinion for the Court, said that the important thing was not the fact that a dog was involved in the search. [read post]
10 Aug 2011, 12:44 pm by Ilya Somin
For example, Justices Anthony Kennedy and Antonin Scalia voted to uphold a sweeping assertion of federal power in Gonzales v. [read post]
9 Jun 2011, 3:00 am
(Delighted to welcome back alumna Mireille Delmas-Marty, who in this guest post draws upon her article “10 x 10,” 8 International Journal of Constitutional Law (2010), on which IntLawGrrl Naomi Norberg provided translation and editorial assistance)My scholarship has been determined mainly by events.I studied law, primarily French positive law, in the ’60s, and my first publications were textbooks. [read post]
7 Jun 2023, 6:30 am by Guest Author
*This post is part of a symposium on Modernizing Regulatory Review. [read post]
30 Nov 2023, 9:01 pm by Vikram David Amar
A decision by a three-judge panel of the United States Court of Appeals for the Eighth Circuit late last month concerning Section 2 of the federal Voting Rights Act of 1965 (VRA), in Arkansas State Conference of the NAACP v. [read post]
4 Oct 2024, 5:50 am by Mary B. McCord
Editor’s note: This article is part of a new series from leading experts with practical solutions to democratic backsliding, polarization, and political violence. [read post]
2 Oct 2024, 7:04 am by Adam Klasfeld
., former conservative Supreme Court Justice Antonin Scalia ruled that the proposition violated the NVRA. [read post]