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29 Aug 2018, 7:03 am by Dan Carvajal
Justice Clarence Thomas concurred to write that he should have joined the Quill dissent in 1992. [read post]
4 Jul 2023, 9:02 pm by Vikram David Amar
Both Justices Thomas and Gorsuch had said strongly pro-ISL things long before the flood of recent scholarship and the filing of amicus briefs. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
Assuming Justice Thomas did not know about his wife’s contacts at the time the case came to the Court, his credibility has been damaged further because other disclosures show that his wife, who is said to consider Justice Thomas her “best friend,” was closely involved in promoting former Pre [read post]
7 Jul 2020, 6:33 am by Amanda Shanor
Justice Brett Kavanaugh announced the judgment of the court and issued a plurality opinion that Chief Justice John Roberts and Justice Samuel Alito joined fully and Justice Clarence Thomas joined with respect to the First Amendment analysis but not the remedy. [read post]
27 Jun 2018, 9:01 pm by Neil H. Buchanan
Instead, the majority opinion was written by Justice Kennedy, joined by Justices Alito, Ginsburg, Gorsuch, and Thomas. [read post]
2 Apr 2023, 9:05 pm by Amanda Shanor
The internet’s nascent phase is long past. [read post]
8 Sep 2022, 4:24 am by Emma Snell
The plans amount to an extraordinarily long-shot effort to accomplish what multiple investigations of Mr. [read post]
17 Jun 2021, 7:30 am by Sandy Levinson
  Lash notes in his “Introduction to the Collection” that he had the joint goals of providing something “long enough to be useful for a broad range of writers and researchers but short enough to be usable by that same group. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
With this definition before us, I’ll consider the two claims in turn.Defending MadisonAs is well known, Madison’s Virginia Resolution, along with the Kentucky Resolution ghost-written by Thomas Jefferson, became known as “the principles of ‘98” and were expressly relied upon by nullifiers and secessionists, and even by states’-rights advocates long after the Civil War. [read post]
29 May 2025, 12:27 pm
Thomas, ever the originalist, also wrote a separate opinion that reiterated his skepticism of the seminal student-speech case Tinker v. [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
Since then, long-standing questions have persisted about whose lives matter and who counts as citizens. [read post]
5 Mar 2018, 6:50 am by JB
   But it doesn't make them originalists from the standpoint of constitutional theory, nor does it mean that originalism as a theory has gained a new set of converts.Conversely, if one is an originalist as a matter of constitutional theory, like, say Justices Thomas, Gorsuch, or Scalia, there is absolutely no problem in making arguments that have nothing to do with originalism in the ordinary run of constitutional cases, as long as the arguments are otherwise… [read post]
11 Jul 2020, 7:35 am
  This is a long email, but the story warrants telling, and then I try to suss out first thoughts below.Although the SCOTUS victories came yesterday, these victories were a long time in the making. [read post]