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28 Feb 2023, 3:51 pm by Amy Howe
  A few minutes later, Thomas returned to the question of the proper label for the Biden administration’s actions. [read post]
16 Dec 2023, 8:58 pm by Josh Blackman
I've long suspected the Court manipulated the timing of the docket through relists, reschedules, and CVSGs. [read post]
25 Nov 2012, 5:28 pm by Lawrence Solum
  It goes without saying that social contract theory or any one of its modern variants cannot be summarized accurately in a long article, much less a short Lexicon entry. [read post]
8 Oct 2008, 6:44 pm
  She noted, and Justice Scalia seemed to agree, that a negligence standard could lead to long, complicated and expensive suppression hearings in which courts would be required to examine the procedures the jurisdiction uses to protect against error and possibly audits to determine its error rate. [read post]
13 May 2025, 7:03 am
On May 15, the Supreme Court will hear oral arguments in the federal government’s efforts to be able to generally implement President Trump’s executive order ending birthright citizenship – the guarantee of citizenship to virtually everyone born in the United States. [read post]
18 Nov 2013, 5:52 am by Rebecca Tushnet
” At best it is a naïve concept, and at worse it is, ironically, permission to trample over property rights.(1) What a long way from “free as the air to common use,” which is perhaps no surprise given the progressiveness of the source of that latter sentiment. (2) But wow, libertarians have an IP problem. [read post]
3 Dec 2016, 8:17 am by Andrew Delaney
Malletts Bay Homeowner’s Association, 2016 VT 64By Thomas M. [read post]
25 Jun 2024, 4:21 am by Michael C. Dorf
Although that second branch--called substantive due process--has long been controversial, Justice Alito's majority opinion in Dobbs v. [read post]
28 Oct 2012, 3:19 pm by Old Fox
"Rich and Kilstock denied the charges and accused Goldberg of altering trust documents, court filings show.Both Goldberg and his attorney, Donald Thomas, declined to discuss the case. [read post]
19 Jun 2014, 4:14 pm
Like the risk hedging in Bilski, the concept of intermediated settlement is “‘a fundamental economic practice long prevalent in our system of commerce. [read post]
3 Jul 2015, 8:43 am by Marty Lederman
 One is “to encourage potentially procreative conduct to take place within a lasting unit that has long been thought to provide the best atmosphere for raising children. [read post]
29 Aug 2024, 5:53 am by jonathanturley
Justice Clarence Thomas has been a long critic of the standard as unsupported in either the text or the history of the Constitution. [read post]
5 Jul 2017, 4:57 am by Hon. Richard G. Kopf
Thomas Monaghan, a former United States Attorney for the District of Nebraska, took the plaintiffs’ case despite the fact the plaintiffs are viewed as lepers by many Nebraskans. [read post]
22 Jun 2023, 1:19 pm by Ilya Somin
But the canon remains on the books, backed by a long line of precedent. [read post]
4 Jul 2011, 8:16 am by Lovechilde
These economic injustices and others will continue as long as wealthy contributors corrupt our political process. [read post]
10 Dec 2015, 9:01 pm by Vikram David Amar
Justice Thomas was quiet (again not a surprise since he rarely says anything at oral argument) but gave no indications he is more tolerant of race-based affirmative action than he has been in the past. [read post]
6 Oct 2020, 1:48 pm by Amy Howe
Justice Clarence Thomas asked Kassem whether RFRA cases require proof that the government official intended to burden an individual’s religious rights. [read post]