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21 Dec 2022, 9:36 am
The key takeaway is that the Justices in the majority who did not join Justice Gorsuch’s concurring opinion (Chief Justice Roberts and Justices Thomas, Kavanaugh, and Barrett) appear to have been unwilling to call the major questions doctrine a clear-statement rule, indicating that they do not view the major questions doctrine as allowing courts to depart from the most natural reading of a statute to avoid potential constitutional problems. [read post]
30 Mar 2012, 12:45 pm
As is his usual practice, Justice Thomas was silent at the oral arguments. [read post]
30 Apr 2012, 6:40 pm
Thomas R. [read post]
20 Oct 2023, 2:25 pm
In a five-page opinion, Alito – joined by Thomas and Gorsuch – dissented from the court’s decision to put Doughty’s order on hold. [read post]
30 Jul 2020, 4:49 pm
In Roberts’ view, the state had met each of the requirements for the court to intervene. [read post]
2 Jul 2015, 9:30 pm
The old Thomas a Beckett in the Old Kent Road, a place of legend for South East Londoners. [read post]
9 Aug 2016, 8:17 am
Two of those Justices (Thomas and Kennedy) have agreed that Blaine Amendments were “born of bigotry” and “should be buried now. [read post]
27 Jan 2022, 3:49 am
When the justices sit to discuss their positions, they need to hear and consider all sound views and challenges to their own. [read post]
30 Oct 2022, 4:00 pm
Jackson emphatically voiced this view of the 14th Amendment earlier this month, in just her second day hearing arguments as a justice. [read post]
13 Jun 2013, 3:53 pm
But the question remained, in the government’s view, whether this error “affected substantial rights” under Rule 11(h). [read post]
23 Feb 2018, 12:10 pm
It has been suggested to me that this is the first instance of Gorsuch and Thomas being on opposite sides of a merits decision.) [read post]
30 Mar 2010, 3:41 pm
If we are encouraged to see everything from his point of view, then we end up just being him, and he’s not a good person to be.The distancing, though, has to be carefully managed. [read post]
23 Jun 2016, 12:49 pm
Justice Clarence Thomas also parted ways with the majority, but for essentially the opposite reason as Sotomayor: in his view, neither the breath nor the blood test should require a warrant. [read post]
23 Jun 2024, 3:00 am
Conservative-leaning judges have toppled gun laws by taking a narrow view of what constitutes a sufficient historical analog for a modern law to survive. [read post]
6 Nov 2017, 12:20 am
Jaap Spier (retired Advocate-General in the Supreme Court of the Netherlands, Universities of Amsterdam and Stellenbosch) continued the topic with a view on enterprise principles. [read post]
21 Mar 2008, 9:17 am
Merritt grounds his view on a recharacterization of the purpose of the securities laws. [read post]
13 Dec 2009, 9:27 pm
See, e.g., Letter from Thomas R. [read post]
2 Oct 2015, 8:41 am
Thomas, and Southland Corp. v. [read post]
18 Dec 2011, 2:05 am
The thoughtful views of his colleagues also repay careful reading. [read post]
16 Jul 2015, 10:11 pm
Gareth Thomas for London Mayor? [read post]
