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9 May 2024, 8:55 am
In the last few years, Supreme Court Justices Clarence Thomas and Neil Gorsuch have separately criticized existing constitutional limitations on liability for defamation as too broad, without any mention of the widespread existence and availability of insurance protecting against liability for defamation. [read post]
9 May 2024, 8:41 am
Justice Gorsuch concurred, joined by Justice Thomas. [read post]
9 May 2024, 7:02 am
Gorsuch issued a concurring opinion, in which Justice Clarence Thomas joined. [read post]
8 May 2024, 7:08 am
Here’s the Wednesday morning read: North Carolina Landowner Aims Wetlands Lawsuit at Supreme Court (Bobby Magill, Bloomberg Law) Supreme Court Justice Neil Gorsuch co-authors book on laws. [read post]
7 May 2024, 2:47 pm
Several justices in that case (Barrett; Gorsuch; Kavanaugh; and Sotomayor) did suggest that future reconsiderations might be different if the USSC did not amend the guidelines accordingly. [read post]
2 May 2024, 6:30 am
Do we really want the likes of Thomas, Alito, Gorsuch, and Kavanaugh making social policy for our country? [read post]
1 May 2024, 9:59 pm
Supreme Court has not demonstrated, with the surprising exception of Justice Gorsuch, a deep understanding of the role of Tribal sovereignty in our constitutional structure. [read post]
1 May 2024, 3:09 pm
Some would argue this reasoning shares some affinity with the reasoning underlying Justice Gorsuch’s opinion in Bostock, i.e., that treating someone differently because of their sexual orientation (or gender identity) is really the same thing as treating them differently because of their sex. [read post]
30 Apr 2024, 5:51 am
Justice Neil Gorsuch might have indicated his approval too. [read post]
30 Apr 2024, 5:38 am
[The court held that the ADL's claims were factual assertions, and not just opinions; whether they are false assertions, and whether plaintiff is a limited-purpose public figure (who would therefore have to show knowing or reckless falsehood) remains to be decided.] [read post]
29 Apr 2024, 3:26 pm
While the Court refused to do so, Justices Sotomayor, Gorsuch, Kavanaugh, and Barrett said they were reserving judgment on the issue while the USSC studied the matter. [read post]
29 Apr 2024, 4:00 am
., that Idaho law forbids some emergency abortions that in the reasonable medical judgment of doctors, are necessary to avert substantial health risks and therefore that EMTALA requires be made available in Idaho hospital ERs.Another preliminary obstacle was raised by Justice Gorsuch. [read post]
28 Apr 2024, 2:43 pm
United States will be one “for the ages,” as Justice Gorsuch pompously said. [read post]
28 Apr 2024, 10:28 am
Justice Gorsuch explained in West Virginia v. [read post]
27 Apr 2024, 2:40 pm
I might write further about Thursday's oral argument when I get a bit more free time (end-of-semester obligations and all!) [read post]
26 Apr 2024, 12:41 pm
Reconciling Wood and Amgen At first glance, Chief Justice Taney’s statement in Wood that the specification must enable a skilled artisan “to compound and use it without making any experiments of his own” seems directly at odds with Justice Gorsuch’s statement in Amgen that Wood allows for “a reasonable amount of experimentation. [read post]
26 Apr 2024, 11:39 am
Justice Gorsuch also noted the importance of any action taken by the Court in the immunity case. [read post]
26 Apr 2024, 11:05 am
However, the case would give Justice Gorsuch a chance to more fully connect the federalism canon and MQD (as he began to do in West Virginia v. [read post]
25 Apr 2024, 4:12 pm
[Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.] [read post]
25 Apr 2024, 3:59 pm
* Justice Gorsuch also worried about incentives. [read post]
