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16 Oct 2020, 12:08 pm by Jeffrey Bellin
There is the added fact that Hodari D. is an originalist precedent written by Justice Antonin Scalia. [read post]
16 Oct 2020, 2:00 am by Christopher Tyner
Court of Appeals for the 7th Circuit and clerked for Justice Antonin Scalia in the late 1990’s. [read post]
” Democrats on the committee questioned whether Barrett would vote in the same way as the late Justice Antonin Scalia and urged her to express an opinion on the Affordable Care Act (ACA). [read post]
15 Oct 2020, 4:27 am by Comunicaciones_MJ
La exoficial jurídico de Antonin Scalia y profesora de la Escuela de Derecho de la Universidad de Notre Dame demostraba una y otra vez sus conocimientos de derecho, mientras lograba evitar entrar a arenas muy controversiales, lo que —para al menos un observador de las vistas— puede hacer sin mayores problemas usando el argumento de que ocupa u cargo judicial en el séptimo circuito federal de apelaciones. [read post]
14 Oct 2020, 9:05 pm by Randolph J. May
As Justice Antonin Scalia put it in his dissenting opinion in Mistretta v. [read post]
14 Oct 2020, 1:21 pm by Evan Lee
Although it is impossible to say how Barrett’s old boss, Justice Antonin Scalia, would have ruled in the case, it may be noteworthy that Barrett’s opinion prominently cites the usage manual of Bryan Garner, Scalia’s co-author of the book Reading Law: The Interpretation of Legal Texts, as support for her mode of interpretation. [read post]
13 Oct 2020, 9:01 pm by Michael C. Dorf
The text does not even forbid race discrimination of any sort—although Justice Thomas perhaps is unaware of that fact, because he once joined a dissenting opinion by Justice Antonin Scalia falsely claiming that the Fourteenth Amendment “explicitly establishes racial equality as a constitutional value. [read post]
13 Oct 2020, 7:22 am by Kate Evans
The majorities in these cases often counted on the support of Justices Antonin Scalia, Anthony Kennedy and Ruth Bader Ginsburg. [read post]
13 Oct 2020, 6:00 am by Jeffrey Bellin
The following language from Justice Antonin Scalia’s majority opinion is critical to this case: The word “seizure” readily bears the meaning of a laying on of hands or application of physical force to restrain movement, even when it is ultimately unsuccessful. [read post]
12 Oct 2020, 8:05 pm by Marty Lederman
Coney (now Amy Coney Barrett), two decades before she became a judge, and a 2002 essay written by the Supreme Court Justice for whom Barrett clerked just after publishing her article, Antonin Scalia.I agree with Mark Tushnet about Barrett’s article, which she co-authored with her former professor John Garvey (now the President of Catholic University):  It’s “a model of serious scholarship — analytically precise, willing to take clear positions on [at least some]… [read post]
12 Oct 2020, 6:18 pm by Howard Bashman
Antonin Scalia’s legacy looms over the Amy Coney Barrett hearings”: Joan Biskupic of CNN has this report. [read post]
12 Oct 2020, 5:40 pm by James Romoser
She delivered a brief opening statement in which she talked about her background and her family and paid tribute to three former justices: Sandra Day O’Connor, the first women to serve on the court; Ruth Bader Ginsburg, who died on Sept. 18 and whose seat Barrett is nominated to fill; and Antonin Scalia, whose judicial philosophy Barrett has described as her model. [read post]
12 Oct 2020, 12:55 pm by William Ford, Tia Sewell
Event Announcements (More details on the Events Calendar) Monday, October 12, 2020, at 9:00 a.m.: The Senate Judiciary Committee will hold the first of four consecutive days of hearings on the nomination of Judge Amy Coney Barrett to serve as an associate justice of the U.S. [read post]
10 Oct 2020, 7:35 am by Jonathan H. Adler
This led to the circuit nominations of folks like Antonin Scalia, Robert Bork, Frank Easterbrook, Douglas Ginsburg, Stephen Williams, J. [read post]
9 Oct 2020, 7:00 am by David Bernstein
When my law school accepted a $30 million gift in spring 2016 conditioned on renaming the law school in honor of the late Justice Antonin Scalia, some predicted gloom and doom, that in today's environment naming a law school after an unreconstructed conservative jurist would drive away potential students. [read post]