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27 Jun 2024, 8:47 am by Howard Friedman
And, on the ground, healthcare providers “have been all but paralyzed by legal uncertainties,” placing pregnant patients at risk while they are waiting to be transferred out of State to receive the care they need....If anything, the need for a clear answer to the Supremacy Clause question has only increased in the intervening months....Despite the clarity of the legal issue and the dire need for an answer from this Court, today six Justices refuse to recognize the rights that EMTALA… [read post]
27 Jun 2024, 8:34 am by Daniel M. Kowalski
“Housing discrimination against DACA recipients is not only irrational, it is unlawful,” said Thomas A. [read post]
27 Jun 2024, 7:30 am
" That's Gorsuch, writing for the majority, joined by Thomas, Alito, Barrett, and Jackson. [read post]
27 Jun 2024, 7:03 am by Howard Bashman
Justice Gorsuch issued a concurring opinion, in which Justice Clarence Thomas joined. [read post]
27 Jun 2024, 4:53 am by Shailee Desai
Thomas, Gorsuch, and Alito, for example, continue to support this approach, while Barrett and Sotomayor reject the ability of history and practice to settle the constitutionality of trademark laws. [read post]
27 Jun 2024, 3:00 am by jonathanturley
In the election of 1800, Thomas Jefferson ran on the issue and defeated Adams. [read post]
27 Jun 2024, 2:44 am
The NYT reminds us that Clarence Thomas has received "luxury travel and gifts from the Texas billionaire and conservative donor Harlan Crow. [read post]
26 Jun 2024, 8:25 pm by Stephen Halbrook
Justice Thomas in dissent correctly points out how the surety and affray laws differed from 922(g)(8). [read post]
” In his concurrence, Justice Thomas went a step further, stating that he has “serious doubts that an association can have standing to vicariously assert a member’s injury. [read post]
26 Jun 2024, 7:57 pm by Josh Blackman
(I will address the gap between Barrett-Roberts-Gorsuch and Alito-Thomas-Gorsuch in another post.) [read post]
26 Jun 2024, 3:15 pm by Josh Blackman
Justices Alito, Thomas, and Gorsuch want to resolve this case yesterday. [read post]
26 Jun 2024, 2:55 pm by Ben Sperry
After a lot of anticipation from Supreme Court watchers, the Murthy v. [read post]
26 Jun 2024, 2:01 pm by Eric Goldman
In a well-functioning society, governments and the private sector will engage in an ongoing dialogue about public welfare issues. [read post]
26 Jun 2024, 1:54 pm by Will Baude
Justice Alito, joined by Justices Thomas and Gorsuch, dissented on these points, believing that they could more confidently connect the dots between the injury and relief to Hines. [read post]
26 Jun 2024, 1:52 pm by Amy Howe
Justice Samuel Alito dissented, in an opinion joined by Justices Clarence Thomas and Neil Gorsuch. [read post]
26 Jun 2024, 11:26 am by Tom Smith
Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, said the government’s conduct was blatantly unconstitutional. [read post]
26 Jun 2024, 11:24 am by Michael C. Dorf
The lineup: a majority opinion by Justice Barrett joined by the other two relatively centrist Republican appointees (CJ Roberts and Justice Kavanaugh) as well as the Court's three Democratic appointees, versus a dissent by Justice Alito and the other two most conservative Justices (Thomas and Gorsuch).Yet the long-term stakes of the case do not have a clear ideological valence. [read post]