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26 Jun 2014, 10:08 am
And here is the argument from Justice Scalia’s dissent, joined by Justices Thomas and Kennedy, that such speech would indeed likely be excluded by the law (some paragraph breaks added): The Court takes the peculiar view that, so long as the clinics have not specifically authorized their employees to speak in favor of abortion (or, presumably, to impede antiabortion speech), there is no viewpoint discrimination. [read post]
18 Apr 2007, 9:50 am
That argument goes like this: (1) Society is characterized by moral pluralism - that is, by a diversity of reasonable views about what is required as a matter of rights and justice; (2) people share an interest in living together in conditions of relative peace and stability, and working together on common projects, despite their disagreements; (3) people would like their views about rights and justice to be considered in the formation of a common framework for… [read post]
16 Aug 2007, 7:59 pm
His view may be that Adarand and Loving v. [read post]
3 May 2019, 7:21 am
The key to the “experiment,” in Holmes’ view, was that we did not give government officials that power. [read post]
1 Feb 2010, 5:57 am
Finally, Justice Thomas said, “Freedom of the press? [read post]
19 Jul 2014, 8:13 am
Justice Thomas and Rashid’s R&D IPC has 1397 p [read post]
8 Nov 2015, 1:49 pm
As I mentioned on Friday, it’s likely that the consolidated follow-up cases to Hobby Lobby, involving nonprofit organizations’ RFRA challenges to the government’s religious accommodation, will henceforth collectively be known as Zubik v. [read post]
5 Aug 2024, 6:30 am
He also attached an appendix to his biography that included Thomas Jefferson’s own recollections of the matter. [read post]
19 Jan 2023, 5:00 am
In her view, “all the same is true for sovereign instrumentalities, which by definition are sovereign” under the reasoning of The Schooner Exchange and the FSIA (Tr. at 3-4). [read post]
5 Jul 2021, 3:45 pm
People read the Times in part precisely because of its editorial judgment, its ability to winnow the good and sensible views out of the vast mass of nonsense and folly; treating the Times as a common carrier would make it useless. [read post]
25 Jan 2022, 9:00 pm
Joined by Thomas and Gorsuch, he explained why free exercise should give religious people a lot more protection than it does today. [read post]
21 Aug 2012, 12:07 pm
Even if it is denied (as it almost surely will be) the defective referral motion will provide Thomas and the other defense attorneys a forum to advance that claim some more. [read post]
22 Jan 2015, 11:15 am
After thinking about the matter a little bit during the first go-round, the Court called for the views of the Solicitor General, who recently recommended the Court deny cert. [read post]
19 May 2009, 2:02 pm
" Justice Thomas agreed, but said the court should have gone further, reversing Tinker and declaring that students have no free speech rights. [read post]
11 Jul 2023, 6:39 am
Indeed, Justice Thomas, writing for the majority in Samia, likewise makes “historical practice” a pillar of the Court’s analysis, albeit a history Justice Barrett finds disposable. [read post]
12 Sep 2013, 5:45 am
Finally, you may also choose to view the entire title by clicking on the “view” link to the right of each title. [read post]
2 Jun 2011, 6:41 am
Still, the views expressed by Justices Scalia, Kennedy, and Thomas may prompt litigants to take up Justice Scalia’s invitation to present an “appropriate case” for reconsideration. [read post]
18 Jun 2024, 2:53 pm
However, it was pointed out by Thomas Dreiser (Huawei) that transparency goes in both directions. [read post]
1 Jan 2012, 10:19 am
DJ Thomas made no error, he did not misunderstand the facts, he did not leave any relevant material out, or take into account irrelevant material. [read post]
18 Mar 2008, 9:04 am
And Kennedy moved in to nail down his basic view of the Amendment, saying to Gura: “I want to know whether or not, in your view, the operative clause of he amendment protects, was designed to protect in an earlier [read post]
