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13 Jan 2021, 11:05 am by John Elwood
” In a concurring opinion, Justice Brett Kavanaugh acknowledged that states may have “a strong interest in tightly controlling access to an execution room in order to ensure that the execution occurs without any complications, distractions, or disruptions. [read post]
20 Nov 2010, 4:36 pm by David Lat
What might Judges Brett Kavanaugh and Jeff Sutton be discussing so intently — maybe the latest clerks they’ve placed at the Supreme Court? [read post]
10 Dec 2020, 3:26 pm by Amanda Shanor
Justice Brett Kavanaugh questioned Ellis, as he had Clement, on why Congress would have treated prerecorded calls differently from live calls placed with an ATDS. [read post]
19 Mar 2012, 9:06 pm by Lyle Denniston
On Monday, March 26, the Supreme Court begins three days of hearings on constitutional issues surrounding the new federal health care law. [read post]
3 Feb 2022, 1:23 pm by David Kopel
[Criticizing racial discrimination is protected by the university’s ‘Speech and Expression Policy’] Ilya Shapiro spoke out against racism in a tweet, and this week the Dean at Georgetown law school placed him on administrative leave, pending further investigation. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
At a recent judicial conference, he posed the issue in stark terms: “If the court doesn’t retain its legitimate function of interpreting the constitution, I’m not sure who would take up that mantle. [read post]
14 May 2019, 7:29 am by Andrew Hamm
I’m looking forward to the discussion. [read post]
31 Oct 2018, 11:21 am by John Elwood
Court of Appeals for the District of Columbia Circuit upheld the FCC’s rules, and then denied rehearing en banc over the dissents of Judge Janice Rodgers Brown and then-Judge Brett Kavanaugh. [read post]
1 Dec 2023, 7:23 am by Amy Howe
Alito’s confirmation in 2006 kicked off a shift to the right that accelerated with the arrival of three justices – Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – nominated by former President Donald Trump. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
23 May 2017, 9:30 am by Josh Blackman
Bar decades later, Nixon told him, “I’m sorry that you insist on putting your personal commitments ahead of the public interest. [read post]
29 Nov 2017, 12:00 pm by Brett M. Kavanaugh
PDF version A review of David Barron's Waging War: The Clash Between Presidents and Congress, 1776 to ISIS (Simon & Schuseter, 2016). *** Perhaps the single most important question in American constitutional law is whether the president has authority to take the nation into a foreign war without congressional approval—that is, without either a congressional authorization for the use of force or a congressional declaration of war. [read post]
4 Apr 2024, 4:00 am by Administrator
In the last five years, there have been numerous high-profile defamation lawsuits initiated by powerful men such as Hollywood producer Brett Ratner, Oxford professor Tariq Ramadan, businessman Robert Herjavec, CTV reporter Paul Bliss, poet Jeramy Dodds, writer Stephen Elliott, producer Chris Nelson, musician Marilyn Manson, and popstar Justin Bieber. [read post]
On the assumption that five Supreme Court Justices—Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—are prepared to overrule Roe v. [read post]
28 May 2006, 5:00 pm
Today is Memorial Day in the United States of America, a day to honor those who made the supreme sacrifice and gave their lives in the service of their country. [read post]