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Justice Gorsuch, in a dissenting opinion joined by Justice Sotomayor, expressed strong disagreement with the majority’s interpretation of Section 315(b) as “another step down the road of ceding core judicial powers to agency officials and leaving the disposition of private rights and liberties to bureaucratic mercy” (Thryv, Inc. v. [read post]
20 Jun 2011, 12:31 pm by Tom Casagrande
The panel majority’s decision turned on whether a five-part test set forth in a prior “hot news” case, NBA v. [read post]
21 Mar 2018, 9:01 pm by Vikram David Amar
Gore in a majority opinion, and only one justice (Clarence Thomas) has cited to it in a separate writing; even then, the citation did not involve the merits of the Fourteenth Amendment claim.Finally, although the majority in Bush v. [read post]
14 Jun 2019, 12:07 pm by Eric Goldman
Thus, notwithstanding their differences regarding the other issues posed in that case, a majority of the Court endorsed the core principle on which this order turns. [read post]
25 Sep 2019, 2:00 pm by Melanie Fontes
  As long as the Grouper makes reasonably accurate groupings, limited en banc panels will be significantly more likely to reflect majority views of the Ninth Circuit. [read post]