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28 Jun 2012, 11:53 am
Justice Kennedy, along with Justices Thomas and Alito, joined the dissent written by Justice Scalia, who would have invalidated the law in its entirety. [read post]
28 Jun 2012, 11:07 am
He doesn't take a view of history or of his role in the same way that (say) Scalia and Thomas do. [read post]
28 Jun 2012, 10:07 am
As Justice Kennedy states in his dissent joined by Scalia, Thomas, and Alito: "In our view, the entire Act before us is invalid in its entirety. [read post]
28 Jun 2012, 8:41 am
Justices Thomas's Opinion Here is the key passage: I adhere to my view that “the very notion of a ‘substantial effects’ test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases. [read post]
28 Jun 2012, 7:32 am
From the point of view of the prevailing gestalt, Thomas was simply an outlier, because he did not accept the New Deal Settlement and instead endorsed a pre-New-Deal vision of real and substantial limits on Congress's enumerated powers. [read post]
28 Jun 2012, 6:26 am
Chief Justice Roberts also disagreed with the view expressed by Judge Sutton in his concurring opinion in Thomas More that the individual mandate could not be sustained under Congress’s taxing power. [read post]
28 Jun 2012, 4:00 am
The audience who viewed it and proclaimed it... great recognized Pixar’s excellence. [read post]
27 Jun 2012, 5:30 am
View the program agenda. [read post]
26 Jun 2012, 8:31 am
In fact, a senior member of our staff, Thomas Campo, is the former prosecutor of Holmdel. [read post]
25 Jun 2012, 11:30 pm
It's Torture: For those of you firmly in the "Scalia is really a friend to the criminal defense bar camp" note that he had no trouble concurring with Justice Thomas's view of the eighth amendment in his dissent in Miller v. [read post]
25 Jun 2012, 9:42 pm
Justices Thomas agreed with Justice Scalia, but on other grounds. [read post]
25 Jun 2012, 4:33 pm
Maatman, Jr. was recognized as “one of the more highly regarded class action lawyers around,” and “an absolute go-to in the field;” Joel Kaplan was said to offer clients “particular dexterity in NLRB litigation;” clients regarded Camille Olson as “a fabulous lawyer” who has “superb relations with senior company executives” and is known for her “handling of significant labor and employment litigation;” clients perceive… [read post]
25 Jun 2012, 3:02 pm
Justices Scalia, Thomas and Alito wrote separate dissents. [read post]
25 Jun 2012, 1:09 pm
This latter proposition was absurd, in the Court’s view. [read post]
25 Jun 2012, 11:54 am
Clayton Christensen, Thomas Craig and Stuart Hart, The Great Disruption There are hundreds or thousands more examples we can discuss. [read post]
25 Jun 2012, 11:51 am
Many appellate judges have remarked that the primary function of oral argument, in their view, is to support the legitimacy of the process. [read post]
25 Jun 2012, 10:09 am
Three dissenting opinions were written, by the Chief Justice, Justice Thomas, and Justice Alito. [read post]
25 Jun 2012, 9:07 am
Yet Justice Scalia apparently stands alone in these views. [read post]
25 Jun 2012, 8:45 am
The second fact is about how Americans view the millions spent by SuperPACs and huge corporations. [read post]
25 Jun 2012, 7:45 am
The decision also provoked three separate dissenting opinions, by the Chief Justice, by Justice Thomas, and by Justice Alito, who read his opinion from the bench. [read post]