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3 Nov 2022, 4:08 pm by Ronald Mann
Justices Samuel Alito and Brett Kavanaugh, for example, were troubled by the narrow reading the government ascribed to a “reasonable cause” provision that limits penalties under the statute. [read post]
2 Nov 2022, 5:48 pm by Noam Biale
” Sotomayor countered Ratner’s reading of the statute’s negative implication, saying “I’m reading the positive implications,” and arguing that the statute does not preclude traditional habeas relief which was always historically available to correct miscarriages of justice. [read post]
2 Nov 2022, 3:42 pm by Alexis Hoag-Fordjour
Comments from Justices Brett Kavanaugh and Amy Coney Barrett seemed to indicate that they too may be receptive to Cruz’s arguments. [read post]
 Justice Brett Kavanaugh said the court will struggle if they are asked to review affirmative action again in 10 years if the parties don’t have “something measurable” to show whether diversity goals have been achieved. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
At a recent judicial conference, he posed the issue in stark terms: “If the court doesn’t retain its legitimate function of interpreting the constitution, I’m not sure who would take up that mantle. [read post]
13 Sep 2022, 6:55 am by jonathanturley
” The threat follows an alleged assassination attempt against Associate Justice Brett Kavanaugh by another unbalanced individual. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
In dissent, Justice Brett Kavanaugh (writing separately from two other dissenting textualist justices), rejected that application of ordinary meaning (though not the canon or the text of the statute itself); he further advocated applying another canon to inform ordinary meaning itself: the rule against superfluity,which would avoid rendering the phrase “sexual orientation” in other statutes superfluous. [read post]
20 Jul 2022, 5:21 am
Said Lyric Winik, who lives "several homes down from" Brett Kavanaugh," on a "narrow street of towering trees, tightly spaced homes and families with young children" in Chevy Chase, Maryland. [read post]
7 Jul 2022, 9:00 am by Neil H. Buchanan
  (Brett Kavanaugh had his revealing meltdown during his confirmation hearings, but he is no Scalia.) [read post]
7 Jul 2022, 5:01 am by Peter Margulies
Justice Brett Kavanaugh added a concurrence, and Justice Amy Coney Barrett, while she dissented on a threshold procedural point, stated that she agreed on the merits. [read post]