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10 Jun 2016, 8:28 am by Rory Little
Conclusion Justice Thomas is surely right that lower courts applying yesterday’s decision are likely to issue seemingly inconsistent rulings regarding the limits of jury-recall powers in fact-specific cases. [read post]
21 Apr 2023, 6:00 am by Josh Blackman
But when Roberts is in dissent, then Justice Thomas can assign the case, even to himself. [read post]
21 Feb 2008, 1:29 am
Something that completely passed me by in January was a speech by Richard Thomas, the Information Commission, about his role. [read post]
15 Jun 2023, 11:07 am by Kate Fort
Justices Thomas and Alito dissented. [read post]
4 Jul 2012, 8:05 pm by John Mikhail
The joint dissent written by Justices Scalia, Kennedy, Thomas, and Alito in the health care cases makes for interesting reading. [read post]
28 Jun 2007, 11:47 am
Scalia and Thomas went out of their way to reiterate their view that Roe v. [read post]
28 Jun 2007, 11:47 am
Scalia and Thomas went out of their way to reiterate their view that Roe v. [read post]
2 Jun 2014, 1:14 pm by Mark Tushnet
"And then there's Justice Thomas's opinion, which quotes Madison: "The Federal Government's powers, Madison wrote, 'will be exercised principally on external objects....'" That "principally" is what I was taught to call a negative pregnant, a formulation that implies that the power can be exercised on some non-external objects. [read post]
2 Apr 2016, 7:30 am
’ ”(The position taken by Scalia, Kennedy, Thomas, and Alito cuts even more strongly in favor of the states.)The subject here is the power of conditional spending. [read post]
8 Dec 2020, 8:44 am
"The language of the pardon power itself is ambiguous in the face of a constitutional expectation of clarity if the Framers intended to invest the president with such extraordinary power.... [read post]
15 Sep 2015, 8:46 am by Stephen Wermiel
They see an expansive role for the federal judiciary and are willing to use judicial power to achieve desired results. [read post]
6 Oct 2016, 3:52 pm by Tom Smith
Assuming that the current standoff does not continue indefinitely, the president and Senate will fill Scalia’s seat sometime after November, thus determining the court’s ideological balance of power. [read post]