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Justice Clarence Thomas filed a dissent, emphasizing the importance of the timing of the government’s intervention, saying: This case requires us to decide whether the Government enjoys the same panoply of procedural rights when it takes over an action during the seal period and when (as here) it intervenes in the action “at a later date” after the relator has “proceed[ed] with the action. [read post]
17 Jun 2023, 5:04 pm by Howard Bashman
“A Year After Dobbs, Advocates Push in the States for a Right to Birth Control; After Justice Clarence Thomas cast doubt on the Supreme Court decision that established a right to contraception, reproductive rights advocates are pressing for new protections at the state level”: Sheryl Gay Stolberg of The New York Times has this report. [read post]
16 Jun 2023, 1:12 pm by Geoff Schweller
Justice Clarence Thomas’s dissent was joined by Justices Brett Kavanaugh and Amy Coney Barrett in questioning whether the whistleblower provisions of the False Claims Act violate Article II of the U.S. [read post]
16 Jun 2023, 11:47 am by Jacob T. Elberg
” A dissent from Justice Clarence Thomas was notable less for its arguments in favor of an alternative reading of the statute – Thomas agreed with Polansky that the government loses its authority to dismiss a suit once it declines to intervene – and more for its broader suggestion that the entire qui tam system may be unconstitutional. [read post]
15 Jun 2023, 12:27 pm by Amy Howe
Justices Clarence Thomas and Samuel Alito each filed separate dissents. [read post]
15 Jun 2023, 5:43 am by Above the Law
* Ron DeSantis bashes Trump's Supreme Court nominees and pledges more in the mold of Clarence Thomas, which is great news for bribery enthusiasts. [read post]
13 Jun 2023, 12:01 pm by Dennis Aftergut
You could be excused for thinking that citizens’ outcry against the Court’s anti-abortion decision last year—and more recently over Justice Clarence Thomas’s ethics scandals—had something to do with both Court decisions.No one should expect that the extremist Court majority will continue marching unabated back to the center. [read post]
12 Jun 2023, 7:21 pm by Sabrina I. Pacifici
Some justices, like Clarence Thomas, have had decadeslong careers and lengthy paper trails. [read post]
10 Jun 2023, 4:59 am by jonathanturley
There is now a 6-3 conservative majority on the court, and Chief Justice John Roberts, Clarence Thomas, and Samuel Alito previously voted against the University of Texas. [read post]
9 Jun 2023, 9:14 am by Parks, Chesin & Walbert
The court’s majority opinion addressed abortion rights, but Justice Clarence Thomas’ concurring opinion theorized that the notion of “substantive due process” is “demonstrably erroneous. [read post]
9 Jun 2023, 4:00 am by Jim Sedor
Justice Thomas Delays Disclosures After Reports of Travel, Property Sale MSN – Ann Marimow and Robert Barnes (Washington Post) | Published: 6/7/2023 Supreme Court Justice Clarence Thomas asked for more time to file annual financial disclosures after criticism that he failed to report luxury travel and real estate deals with a wealthy Republican donor. [read post]
8 Jun 2023, 11:03 pm by Howard M. Wasserman
Justice Clarence Thomas wrote a 36-page solo dissent, arguing that the court’s jurisprudence has ignored a fundamental distinction between Congress’s exercise of sovereign legislative powers and its power to spend money and attach conditions to the receipt of that money. [read post]
8 Jun 2023, 9:05 pm by Haofei Liu
Justice Clarence Thomas, in dissent, wrote that the majority will require Alabama to redraw its districts so Black voters can control a share of seats proportional to their share of Alabama’s population and contended that Section 2 “demands no such thing. [read post]
8 Jun 2023, 9:01 pm by Michael C. Dorf
But the combination of racially polarized voting and the possibility of a reasonable map with two Black-majority districts meant that the plaintiffs had satisfied the burden of proving discriminatory effect under the VRA as construed by Gingles.In so holding, the majority rejected Alabama’s argument—accepted by Justice Clarence Thomas in dissent—that a discriminatory effect must be measured against a baseline of a map produced without taking account of race at all. [read post]
8 Jun 2023, 2:21 pm by John Elwood
Department of Education relisted a petition raising this issue twice before denying review over a dissent by Justice Clarence Thomas, joined by Justice Brett Kavanaugh. [read post]
8 Jun 2023, 11:48 am by Mark Walsh
  He explains the somewhat complicated lineup, which includes dissents from Justice Clarence Thomas (joined by Justice Neil Gorsuch and in part by Justices Amy Coney Barrett and Samuel Alito) and Alito (joined by Gorsuch). [read post]
8 Jun 2023, 10:33 am by Amy Howe
He also addressed a point made by Justice Clarence Thomas, who in his dissent argued that even if Congress once had the power to authorize race-based redistricting, “the authority to conduct race-based redistricting cannot extend indefinitely into the future. [read post]
8 Jun 2023, 8:25 am by Howard Bashman
The post “Progressive Judges May Have Found a Use for Clarence Thomas’ Terrible Guns Ruling” appeared first on How Appealing. [read post]