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17 Sep 2015, 6:01 am by Administrator
Necessarily the cases considered are but a selection but one that, in my view, is sufficiently broad to enable some general conclusions about the performance of the Court to date. [read post]
9 Nov 2022, 3:02 pm by Amy Howe
Justice Ketanji Brown Jackson also did not view ICWA as creating any anticommandeering problems. [read post]
27 Jun 2013, 8:03 am by Gregory Forman
Of the four dissenters (Robert, Scalia, Thomas and Alito), all found Section 3 to be constitutional and all but Alito found that BLAG lacked standing to defend the action. [read post]
14 Nov 2013, 7:24 pm by Rory Little
  It may also be interesting to see whether Justice Thomas will, as he did with his distinctly different dissent in Randolph, continue to express a separate view, although there would appear to be no need for him to do that to resolve this case. [read post]
23 Feb 2022, 4:48 pm by Amy Howe
Bush White House before becoming a judge, took a different view of the government’s actions. [read post]
1 Oct 2015, 2:54 pm by Ronald Mann
  So all that the plaintiff has to do is persuade one of the five Justices in the Genesis majority to accept his view on this question – which the Genesis majority explicitly left open. [read post]
13 Jul 2020, 8:20 am by Nicholas Mosvick
He also influenced Thomas Jefferson’s famous promises in the Declaration of Independence. [read post]
3 Nov 2020, 12:58 pm by Sam Callahan and Allon Kedem
Thomas and Gorsuch expressed skepticism about Harris’ other main argument, regarding the presumption in favor of judicial review. [read post]
29 May 2020, 9:52 pm by Eugene Volokh
In my view, California's discrimination against religious worship services contravenes the Constitution. [read post]
20 Mar 2019, 8:55 am by Amy Howe
In March 2018, Justice Neil Gorsuch joined Justice Clarence Thomas in a dissent from the denial of review in another case asking the justices to overrule Auer; Thomas described the doctrine as “constitutionally suspect” and “on its last gasp. [read post]
28 Jun 2019, 8:51 am by Nicholas Bronni
Indeed, as Justice Clarence Thomas aptly put it, we got “an aberration—a ticket good for this day and this train only. [read post]
3 May 2022, 7:33 am by Michael C. Dorf
In a concurrence in a 2007 case sustaining a federal law banning so-called partial-birth abortion, Justice Clarence Thomas—who takes a narrow view of the scope of congressional power—hinted that he would be open to invalidating a federal law regulating abortion on the ground that the issue is reserved to the states. [read post]
11 Jul 2018, 9:00 pm by Rodger Citron
Only three other justices—all of them conservatives (Roberts, Antonin Scalia, and Clarence Thomas)—voted with Kennedy. [read post]
17 May 2012, 3:00 am by Terry Hart
It would be like a study of modern American views on tax policy or abortion that saw the gamut of differences as running from Trent Lott to George W. [read post]
25 May 2010, 12:30 am by Adam Wagner
Lord Justice Thomas was presented with an argument on a different footing to the McKinnon case, on the grounds that the judicial system in Russia was too corrupt, and would not guarantee the claimant a fair trial if he were to be extradited. [read post]
24 Nov 2022, 8:07 am by Simon Lester
This view was taken up by Stoic philosophers early in the first millennium, in part relying on notions of the universal brotherhood of mankind[1]. [read post]