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25 Apr 2022, 9:01 pm by Leslie C. Griffin
The Free Exercise Clause says everyone is supposed to obey neutral laws of general applicability. [read post]
21 Jun 2024, 11:31 am by Eugene Volokh
Speculation that Justice Barrett was moving away from that approach, based on her Vidal v. [read post]
26 Jun 2024, 2:57 pm by Ilya Somin
For example, instead of explicitly demanding a ban on the expression of X opinions, they could just demand more aggressive and systematic application of the social media firms' own supposed rules. [read post]
30 Jun 2024, 2:36 pm by Josh Blackman
Fifth, Roberts flags an important, and unresolved issue–the applicability of Chevron to criminal laws. [read post]
12 Aug 2021, 5:01 am by Lindsay F. Wiley, Steve Vladeck
The court’s holding that “a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if the law has the incidental effect of burdening a particular religious practice” means that vaccination mandates, at least for constitutional purposes, should be subject only to rational basis review—the lowest level of judicial scrutiny, which requires merely that the government show that there could have been a rational… [read post]
12 Jan 2022, 6:47 am by Allan Blutstein
The Court’s earlier two FOIA decisions—Argus Leader (2019) and Milner (2011)— were far more consequential, however, and I suspect the media would have ignored this case if it had not been Justice Barrett’s first majority opinion. [read post]
29 Nov 2023, 10:07 am by luiza
  The Exactech court found this history equally applicable to Article II. [read post]
11 May 2010, 11:37 am by Eric
Worse, the court reaches its conclusion in the face of several clearly applicable precedent cases. [read post]
17 Jun 2023, 6:03 pm by Josh Blackman
Many media accounts have focused on the fact that Chief Justice Roberts and Justice Barrett have adopted children, which may help explain their vote. [read post]
25 Aug 2021, 2:07 pm by Jonathan H. Adler
Assuming no one has changed their mind, counting to five would only require picking up Justice Gorsuch or Justice Barrett, so a fifth vote for a Scalia-like opinion would seem to be within reach. [read post]
26 Mar 2024, 3:35 pm by Mark Walsh
“Shouldn’t the FDA have at least considered the application of 18 U.S.C. 1461? [read post]
12 Feb 2024, 9:51 am by Scott Bomboy
” When Murray labeled such potential rulings as “potential frivolous applications of a constitutional provision,” Roberts responded sharply. [read post]
28 Mar 2023, 9:35 am by Minyao Wang
But when pressed by Justice Amy Coney Barrett, Abitron agreed that Steele would have come out differently under the modern jurisprudence and that the cleanest way to resolve the current case would be to overrule it. [read post]
19 Aug 2021, 7:21 pm by Bill Drabble
The Court’s order stated that four justices—Justices Thomas, Alito, Gorsuch and Barrett—would have granted the application. [read post]
16 Apr 2024, 6:49 am by Samuel Bray
Two justices (Kavanaugh, joined by Barrett) concurred in the stay, and spoke primarily to how the Court should think about stays of lower-court injunctions. [read post]
21 May 2012, 4:54 am by INFORRM
Emory International Law Review, Vol. 26, No. 2, 2013, Emory Legal Studies Research Paper Alexander Barrett Weaver The web host’s privilege of limited liability: its application to operators of commentary rooms. [read post]