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3 Jul 2023, 5:28 am
Those heads did a 360 when Roberts and Clarence Thomas joined the dissent. [read post]
3 Jul 2023, 4:00 am
We hold only that state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.As Justice Thomas said in dissent:What are ‘the bounds of ordinary judicial review’? [read post]
1 Jul 2023, 3:28 pm
Around the same time, Thomas Jefferson used the Virginia provision as a model for expressing these same ideas in the Declaration of Independence. [read post]
1 Jul 2023, 12:48 am
At oral argument, Justice Thomas picked up the baton (see oral argument transcript, 37–42). [read post]
30 Jun 2023, 3:28 pm
” Alito, joined by Thomas, also penned a statement regarding the denial of review in Thompson v. [read post]
30 Jun 2023, 2:43 pm
In other words, the idea was that ICWA exceeds Congress’s enumerated powers. [read post]
30 Jun 2023, 4:00 am
National/Federal How Judges Navigate Offers of Free Lunch, Trips and NBA Tickets Bloomberg Law – Zoe Tillman (Bloomberg News) | Published: 6/25/2023 Recent controversies over perks accepted by Supreme Court Justices Clarence Thomas and Samuel Alito have raised questions not only about the justices’ conduct off the bench and what they disclose to the public, but also about how the judiciary broadly enforces ethics. [read post]
29 Jun 2023, 1:34 pm
However, only Thomas was willing to join Gorsuch's concurring opinion on this point. [read post]
29 Jun 2023, 10:34 am
The plaintiff's counsel and the Thomas More Society are entitled to their beliefs. [read post]
29 Jun 2023, 9:36 am
Maybe this isn't true, but in any event, the aftermath of Students for Fair Admissions is likely to test a range of enforcement possibilities, from discovery under the Federal Rules of Civil Procedure to, under some administrations, the powers of the Department of Justice and the Department of Education. [read post]
29 Jun 2023, 3:35 am
But actually, only Justices Thomas and Gorsuch embraced the theory. [read post]
29 Jun 2023, 1:27 am
The intended recipients of the letters included Supreme Court Justice Clarence Thomas, Rep. [read post]
28 Jun 2023, 11:00 am
In practice, such a result would align with Justice Thomas’s argument that tribal sovereignty no longer exists, a conclusion with which Updike Toler would disagree (slip opinion at 32). [read post]
28 Jun 2023, 6:55 am
The ECB and the Courts, Alicia HinarejosEpilogue: Democratizing Fiscal Europe, Thomas Piketty and Antoine Vauchez [read post]
28 Jun 2023, 5:32 am
As the lone justice who refused to join the Court’s opinion in Daimler, she has now helped reclaim some of that state power. [read post]
28 Jun 2023, 5:08 am
"'... such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.' The court offers no concrete understanding nor any example of what that means. [read post]
28 Jun 2023, 1:46 am
Cassandra Vinograd and Thomas Gibbons-Neff report for the New York Times. [read post]
27 Jun 2023, 10:04 pm
Roberts has no response to Justice Thomas on this foundational point. [read post]
27 Jun 2023, 6:18 pm
“We hold only that state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections. [read post]
27 Jun 2023, 5:42 pm
In today’s Moore decision, Justices Thomas and Gorsuch rejected the majority approach to the independent state legislature theory, believing instead that state legislatures have almost plenary power and cannot be limited even by state courts applying state constitutions. [read post]
