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Symposium: The Supreme Court recognizes but limits disparate impact in its Fair Housing Act decision
26 Jun 2015, 5:58 am
Justice Samuel Alito dissented, joined by Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas. [read post]
21 Feb 2012, 3:26 am
A few key points from the inquiry so far have been rounded up below. [read post]
2 Feb 2017, 9:01 pm
Accordingly, for a non-originalist, contemporary values may play a key role in deciding, for example, what is cruel and unusual punishment under the Eighth Amendment.QUESTION: How did this apply to Justice Scalia? [read post]
28 Mar 2012, 3:56 pm
Clement, took turns as the final minutes of the third day of argument wound down to make a plea to the Court to think more broadly about the coming decision on not only the Medicaid expansion, but on another key piece of the ACA: the individual insurance mandate that the Court had explored on Tuesday. [read post]
22 Oct 2010, 11:18 am
Bush’s selection of Clarence Thomas. [read post]
5 Jul 2022, 5:57 am
The key fact is that (as discussed above) the Clean Air Act requires the EPA to create SOPs, and it also requires states to comply with SOPs. [read post]
25 Nov 2019, 12:00 pm
Although there’s no way to know for sure, the replacement of Kennedy with Kavanaugh may have been a key factor in the court’s decision in January 2019 to take up the New York case. [read post]
6 Jun 2010, 9:01 am
And then-Judge Sonya Sotomayor explained that there was no such thing for her as jurisprudence; she just took the facts and the law and voilà.We know better, and surely deserve better.It would have been good to know and to really hear a discussion from the-Judge Clarence Thomas of his rigorous textualism and willingness to jettison precedent and abandon principles of stare decisis when they lead to what he thinks wrong results however distasteful the right ones might be. [read post]
9 May 2010, 12:17 pm
Further, in Citizens, Kagan did refuse to argue the case based on the rationale of the existing precedent.The Rule/Exception/No-Distinction Model of Legal ArgumentTo understand legal scholarship, beyond knowing the key cases, it helps to know one very common method of making arguments, which is relevant to this post.Essentially, there are three steps.1. [read post]
4 Jun 2014, 8:17 am
In AID, Justices Antonin Scalia and Clarence Thomas took the view that only coercion counts as a constitutional violation. [read post]
24 Jun 2022, 4:27 am
The Second Amendment, Justice Clarence Thomas wrote for the 6-to-3 majority, protects “an individual’s right to carry a handgun for self-defense outside the home. [read post]
10 Oct 2018, 3:43 am
After politely waiting for most of his senior justices to speak (except Justice Clarence Thomas, who almost never speaks at argument, and Justice Stephen Breyer, who did not speak at all in the first hour), Kavanaugh asked his first question almost a third of the way through the hour. [read post]
28 Jan 2021, 9:34 am
The key to the new approach is a common questionnaire that all participating banks agree to accept from each data network or financial-app developer. [read post]
21 Apr 2022, 9:01 pm
For example, a key provision of the Clean Air Act includes a default list of pollutants for the Environmental Protection Agency (EPA) to regulate but leaves to the agency the task of determining what levels of emissions to permit through vague terms like “appropriate” and “necessary. [read post]
29 Jun 2022, 4:29 am
The attorney for Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, has asked the Jan. 6 committee to provide further justification for why her testimony is necessary. [read post]
28 May 2019, 6:56 pm
The key precedent for Gorsuch was not Hartman, but United States v. [read post]
5 Jun 2014, 9:14 am
Justice Clarence Thomas wrote separately in Parents Involved to emphasize the heavy price on minorities of even well-intentioned race-conscious measures. [read post]
23 Jun 2022, 11:23 am
Their concurrence is likely to be influential, because they are the key swing voters on this issue. [read post]
18 Nov 2019, 1:25 pm
Although there’s no way to know for sure, the replacement of Kennedy with Kavanaugh may have been a key factor in the court’s decision in January 2019 to take up the New York case. [read post]
22 Sep 2022, 6:17 am
Virginia Thomas, a conservative activist and wife of Supreme Court Justice Clarence Thomas, has agreed to sit for a voluntary interview with the House committee investigating the Jan. 6th attack. [read post]
