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27 Jun 2023, 9:41 am by Gerard N. Magliocca
S. 779, 856 (1995) (THOMAS, J., dissenting). [read post]
27 Jun 2023, 9:34 am by Michael C. Dorf
But the Moore Court didn't even reject that view. [read post]
27 Jun 2023, 7:45 am
Counterman’s view, we decide today, is the more consistent with our precedent. [read post]
26 Jun 2023, 6:48 pm by Amanda Shanor
In a concurring opinion, Justice Clarence Thomas urged his colleagues to reconsider the overbreadth doctrine in a future case. [read post]
26 Jun 2023, 9:06 am by Amy Howe
Thomas observed that the courts of appeals are divided on the use of “hypothetical jurisdiction”; moreover, in his view, its use “raises fundamental questions of constitutional law. [read post]
26 Jun 2023, 4:30 am by Michael C. Dorf
Justice Gorsuch wrote a concurrence in the judgment for himself and Justices Thomas and Barrett. [read post]
24 Jun 2023, 2:08 pm by Karen Pita Loor and Cassidy Heverling
Justice Brett Kavanaugh wrote for the majority, in a decision joined by Chief Justice Roberts and Justices Clarence Thomas, Samuel Alito, Amy Coney Barrett, and Ketanji Brown Jackson. [read post]
23 Jun 2023, 3:46 pm by Jeffrey Bellin
In an opinion by Justice Clarence Thomas, the court held that non-obvious redaction distinguished Gray and, along with a jury instruction, sufficiently protected Samia’s rights. [read post]
23 Jun 2023, 3:37 pm by Ronald Mann
The dissent of Justice Ketanji Brown Jackson (joined by Justices Elena Kagan and Sonia Sotomayor and for the most part by Justice Clarence Thomas) makes those points pretty successfully. [read post]
23 Jun 2023, 1:21 pm by Morgan Cloud
Justice Samuel Alito, joined by Justice Clarence Thomas and in one part by Justice Neil Gorsuch, dissented. [read post]
23 Jun 2023, 10:03 am by Amy Howe
But in his view, the fatal flaw in the states’ lawsuit is that they would not benefit from a ruling in their favor. [read post]
23 Jun 2023, 6:37 am by Noam Biale
It is the latest in a string of cases construing AEDPA in which the court has held, as Justice Clarence Thomas put it in his majority opinion, that “Congress has chosen finality over error correction. [read post]
22 Jun 2023, 10:24 pm by Josh Blackman
In the Tribe's view, that language means that the United States agreed to take affirmative steps to secure water. [read post]