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11 Jul 2020, 1:30 pm by John Malcolm
In both cases, Chief Justice John Roberts wrote the majority opinion, with Justices Samuel Alito and Clarence Thomas dissenting. [read post]
15 Jul 2024, 4:44 pm by Adam Klasfeld
For Cannon, the more useful view from the Supreme Court came from Justice Clarence Thomas, who went out of his way to opine on the Appointments Clause issue in a concurring opinion of Trump’s immunity case. [read post]
9 Jan 2018, 9:01 pm by Michael C. Dorf
But progressives and even most centrists think that the federal government needs the power to regulate health insurance markets, environmental pollution, and a host of other subjects that would be off-limits under the sort of restrictive view of the Commerce Clause advocated by libertarians and self-styled constitutional originalists like Justice Clarence Thomas. [read post]
24 Feb 2011, 11:40 am by Beth Hanson
Multiculturalism is not viewed as part of the “White” self-identity. [read post]
13 Nov 2014, 8:18 am by Bradley Joondeph
On the other hand, Justice Scalia and Justice Clarence Thomas have basically rejected the idea of the dormant Commerce Clause. [read post]
8 Jun 2014, 9:01 pm by Ronald D. Rotunda
Thomas Paine would be flabbergasted. [read post]
As Sir Thomas Bingham MR said, this would be in the interests of the protection of patients, the protection of doctors, the reassurance of the patients’ families and the reassurance of the public. [read post]
23 Apr 2018, 2:33 pm by Ronald Mann
First, the justices seem to view this as a case likely to have broad implications. [read post]
25 Mar 2022, 2:38 pm by Sam Callahan and Allon Kedem
Railroad Retirement Board, for example, was the first 5-4 decision of the 2020-21 term, with Justice Clarence Thomas joined by Justices Samuel Alito, Neil Gorsuch, and Amy Coney Barrett in dissenting from the majority decision favoring railworkers. [read post]
5 Jul 2022, 9:00 pm by Rodger Citron
”)If Roe led Blackmun to evolve as a Justice, Dobbs shows that Alito adhered to the views he held before becoming a judge. [read post]
25 Jan 2011, 11:12 pm by The Legal Blog
Keeping in view importance of the question involved as also the various decisions of this Court upon which the learned Judge of the High Court has placed reliance, in our opinion, we think that this is a matter which should be heard by a larger Bench. [read post]
9 Aug 2016, 9:01 pm by Michael C. Dorf
Texas, but no fifth courtesy vote could be found to stay the execution long enough to receive those views. [read post]
In the court’s view, the FRAND obligation imports a single unitary obligation and a rate does not cease to be FRAND simply because the SEP holder has previously granted a licence on more favourable terms. [read post]
21 Mar 2023, 10:00 pm by Guest Author
In Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt, Bill Araiza has written what may be the definitive book that articulates and defends this middle view. [read post]