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23 Jun 2021, 8:25 pm by Carla Laroche
Justice Brett Kavanaugh wrote a dissenting opinion that Chief Justice John Roberts and Justices Samuel Alito and Amy Coney Barrett joined. [read post]
23 Jun 2021, 4:38 pm by Ilya Somin
But Chief Justice John Roberts's opinion for the Court goes a step further, holding that — as a general rule — "a physical appropriation is a taking whether it is permanent or temporary. [read post]
22 Jun 2021, 12:02 pm by Holly Hollman
But as Justice Amy Coney Barrett emphasized in her concurrence, revisiting Smith was unnecessary for the court’s decision and would raise difficult questions about what would replace it. [read post]
22 Jun 2021, 10:15 am by Ronald Mann
John Fund) had answered that question by assigning to defendants not only the burden to produce evidence to rebut the presumption but also the ultimate “burden of persuasion to prove a lack of price impact. [read post]
Justice Stephen Breyer wrote the majority opinion, joined by Chief Justice John Roberts and Justices Elena Kagan, Sonia Sotomayor, Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett. [read post]
18 Jun 2021, 1:37 pm by Andrea Picciotti-Bayer
” Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, similarly left open the possibility of reconsidering Smith in the future. [read post]
18 Jun 2021, 8:29 am by Joseph Kearney
The decision was vacated on appeal, in an August 2020 opinion by then-Judge Amy Coney Barrett, on the ground that the plaintiffs had failed to plead injury in fact, as required to establish federal court jurisdiction. [read post]
18 Jun 2021, 7:01 am by James Romoser
Here’s the Friday morning read: Roberts, Kavanaugh and Barrett have seized the Supreme Court for now (Joan Biskupic, CNN) Supreme Court Conservative Shift Hits Bump With Moderate Rulings (Greg Stohr, Bloomberg) Why the Supreme Court Should Reset the Terms of the Abortion Debate (Leah Libresco Sargeant, The New York Times) John Roberts Just Pulled Off His Greatest Judicial Magic Trick (Mark Joseph Stern, Slate) The latest ACA challenge was so feeble even conservative justices… [read post]
18 Jun 2021, 5:10 am by Marcia Coyle
The seven-justice majority was led by liberal Justice Stephen Breyer, who was joined by conservatives Chief Justice John Roberts, Justices Thomas, Brett Kavanaugh and Amy Coney Barrett, and liberal Justices Sonia Sotomayor and Elena Kagan. [read post]
18 Jun 2021, 4:30 am by Tammy Binford, Contributing Editor
Justice Stephen Breyer wrote the majority opinion and was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Clarence Thomas. [read post]
17 Jun 2021, 9:01 pm by Leslie C. Griffin
Justice Barrett concurred, joined by Kavanaugh and Breyer. [read post]
17 Jun 2021, 10:36 am by Amy Howe
In a brief opinion by Justice Clarence Thomas that was joined in relevant part by Chief Justice John Roberts and by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, the court agreed with the companies and the federal government, which filed a “friend of the court” brief supporting the companies, that the plaintiffs were asking U.S. courts to apply the Alien Tort Statute outside the United States, where U.S. laws… [read post]
17 Jun 2021, 10:04 am by Amy Howe
Chief Justice John Roberts wrote for the court, in an opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett. [read post]