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30 Jun 2017, 11:09 am
” In his opinion for the majority, Chief Justice John Roberts memorably called it “a gun to the head. [read post]
30 Jun 2017, 9:30 am
Chief Justice Roberts, writing for the majority, emphasized that the decision was limited to state funding for non-religious uses; that limitation presumably led Justices Elena Kagan and Stephen Breyer to concur in a 7-2 result, with only Justices Sonia Sotomayor and Ruth Bader Ginsburg dissenting, arguing that the Court should not require states to provide direct financial assistance to churches, and that in any event, the playground would be… [read post]
30 Jun 2017, 9:11 am
Relying entirely on state property lines to identify the relevant parcel, the Chief Justice then drove the point home by reasoning his way to essentially same outcome as the majority. [read post]
30 Jun 2017, 9:03 am
Workers’ rights and the Supreme Court — Joseph Seiner, The Supreme Court’s New Workplace: Procedural Rulings and Substantive Worker Rights in the United States (Cambridge University Press 2017): Seiner argues that the Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. [read post]
30 Jun 2017, 3:15 am
On June 30, 1921, President Warren Harding announced that former President William Howard Taft would become the new Chief Justice of the United States. [read post]
29 Jun 2017, 9:01 pm
In the space below, I provide a brief summary of the United States v. [read post]
29 Jun 2017, 9:25 am
United States (full disclosure — I was on the Chaidez team), the court found Padilla non-retroactive. [read post]
28 Jun 2017, 9:41 am
Davey, with the court (per Chief Justice William Rehnquist) holding that, as to the funding of religious activity, a state may “draw[] a more stringent line than that drawn by the United States Constitution. [read post]
28 Jun 2017, 8:23 am
Chief Justice Roberts and Justice Kennedy were the only two justices to vote with the majority in all three cases. [read post]
28 Jun 2017, 8:23 am
Chief Justice Roberts and Justice Kennedy were the only two justices to vote with the majority in all three cases. [read post]
28 Jun 2017, 8:23 am
Chief Justice Roberts and Justice Kennedy were the only two justices to vote with the majority in all three cases. [read post]
28 Jun 2017, 3:04 am
United States (1997), Justice Antonin Scalia said that a federal gun control law that forced local law enforcement to perform handgun background checks went against the 10th Amendment’s principles. [read post]
27 Jun 2017, 12:34 pm
” Likewise, the refugee ban could go into effect for refugees who “lack any such connection to the United States. [read post]
27 Jun 2017, 12:31 pm
Perhaps as a result, (4) most places within the United States have abandoned its use. [read post]
27 Jun 2017, 11:23 am
Under a Supreme Court case dating back to 1990, also arising in Mexico, the Fourth Amendment does not protect noncitizens located outside the United States, unless they have some pre-existing substantial, voluntary connection to the United States. [read post]
27 Jun 2017, 8:13 am
Justice Stephen Breyer, for example, asked it this way: “does the Constitution of the United States permit a state or a city to say, we give everybody in this city police protection, but not churches? [read post]
27 Jun 2017, 7:56 am
Hillary Byrnes is Assistant General Counsel for the United States Conference of Catholic Bishops. [read post]
26 Jun 2017, 9:01 pm
Perhaps some of the justices who agreed to the per curiam believe that legal restrictions that benefit persons and institutions inside the United States do not operate when the United States acts abroad wholly with respect to foreign nationals lacking domestic connections. [read post]
26 Jun 2017, 6:56 pm
” Chief Justice John Roberts dissented from the court’s decision in Hicks, joined by Thomas. [read post]
26 Jun 2017, 3:13 pm
The free exercise and establishment clauses of the First Amendment were wisely crafted to ensure maximal religious freedom in the United States of America. [read post]
