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24 Oct 2020, 8:26 am by Anna Salvatore, Tia Sewell
Brett Raffish suggested that the Monell doctrine—a theory which governs lawsuits about police misconduct—may be due for reform. [read post]
22 Oct 2020, 11:25 am by Joseph Fishkin
” And that was just the start of a long calumny of decades of narrative hardball, from the “high-tech lynching” of Clarence Thomas to the “false” accusations by Christine Blasey Ford (whose name Lee won’t say, since in his telling it was really “the Democrats”) against Brett Kavanaugh.Skipping closer to the present day, the most important single fact about judicial-nominations hardball in the 2000s was the dramatic escalation,… [read post]
20 Oct 2020, 5:50 pm by Katie Barlow
Conventional wisdom suggests that the four most conservative justices on the current bench – Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh – would like to take up more Second Amendment cases. [read post]
20 Oct 2020, 12:25 pm by Scott R. Anderson
Gore, and four members of the current Supreme Court—Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas—recently voted in support of two (unsuccessful) petitions for stays by the Pennsylvania Republican Party that relied in substantial part on such arguments. [read post]
20 Oct 2020, 11:56 am by Anna Salvatore
  Brett Raffish suggested that the Monell doctrine—a theory which governs lawsuits about police misconduct—may be due for reform. [read post]
19 Oct 2020, 5:53 pm by Amy Howe
Four justices – Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh – indicated that they would have granted the Republicans’ request. [read post]
16 Oct 2020, 8:24 am by Danielle D'Onfro
The chief justice and Justices Clarence Thomas and Stephen Breyer questioned whether the debtors’ reading of § 362(a)(3) rendered § 542 superfluous. [read post]
13 Oct 2020, 3:56 pm by Steve Lubet
Brett Kavanaugh certainly seems to have been every bit as ambitious as Roberts, judging from his confirmation hearing. [read post]
12 Oct 2020, 6:05 am by Ilya Somin
Moreover, an opinion written by Justice Brett Kavanaugh and joined by Samuel Alito and Chief Justice Roberts emphasizes the following: The Court presumes that an unconstitutional provision in a law is severable from the remainder of the law or statute. [read post]
8 Oct 2020, 8:21 pm by Ilya Somin
But I tentatively think the three liberal justices and Justice Gorsuch are leaning towards the plaintiffs, Justice Kavanaugh and Justice Roberts are leaning towards the government, and the other two justices (Thomas and Alito) are very hard to gauge. [read post]
6 Oct 2020, 1:48 pm by Amy Howe
Justice Brett Kavanaugh voiced these concerns even more directly, telling Kassem that he saw a “mismatch” between RFRA and lawsuits like the one before the Supreme Court. [read post]
5 Oct 2020, 6:46 pm by Amy Howe
Justice Brett Kavanaugh filed an opinion agreeing with the decision to grant the state’s request. [read post]