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20 Jan 2022, 10:34 pm
”The Motion filed by attorney Thomas Butler stated: “Warner, J. opined he would hold that § 39.806(1)(f) is unconstitutional … ,” according to the dissent, which said “he” was repeated twice and was therefore unlikely to be a typo. [read post]
20 Jan 2022, 12:39 pm
Law.com has Senate Confirms Holly Thomas to Ninth Circuit -- Thomas is the fourth Ninth Circuit nominee confirmed to the federal bench since President Biden took office.The U.S. [read post]
20 Jan 2022, 12:04 pm by Elizabeth McElvein, Benjamin Wittes
The order, representing all of the justices save Clarence Thomas, reads: Because the Court of Appeals concluded that President Trump’s claims would have failed even if he were the incumbent, his status as a former President necessarily made no difference to the court’s decision. [read post]
20 Jan 2022, 8:19 am
 Justice Thomas would have granted what was an application for stay of mandate and injunction pending review.Justice Kavanaugh wrote a statement that began: The Court of Appeals suggested that a former President may not successfully invoke the Presidential communications privilege for communications that occurred during his Presidency, at least if the current President does not support the privilege claim. [read post]
19 Jan 2022, 5:39 pm by Ilya Somin
Justice Clarence Thomas indicated he would have ruled in favor of Trump in this case, though without writing a opinion explaining why. [read post]
19 Jan 2022, 5:26 pm by Amy Howe
Only Justice Clarence Thomas indicated that he disagreed with the court’s decision. [read post]
19 Jan 2022, 4:35 pm by Amy Howe
“What would you say,” Thomas asked Stewart, “about Plessy sitting in the wrong car? [read post]
19 Jan 2022, 9:38 am by Suzanna Sherry
Both Justice Elena Kagan and Justice Clarence Thomas asked how a sovereign could be treated “in the same manner” as a private party if a different set of laws applied. [read post]
19 Jan 2022, 8:50 am by Jonathan Bailey
Finally, the state claims that this is not a copyright law, but an attempt to regulate unfair trade practices. 3: Ad Blockers Altering Website Code is Not a Copyright Violation, German Court Rules Finally today, Thomas Claburn at The Register reports that, in Germany, the ad-filtering company Eyeo has scored a major win as it defeated a copyright infringement lawsuit that alleged ad blocking software violated the copyright of publishers. [read post]
19 Jan 2022, 8:01 am by Dan Filler
This just in from the appointments committee at my own institution: The Drexel University Thomas R. [read post]
19 Jan 2022, 6:00 am by JB
This week at Balkinization we are hosting a symposium on Susan Rose-Ackerman's new book, Democracy and Executive Power: Policymaking Accountability in the US, the UK, Germany, and France (Yale University Press, 2021).We have assembled a terrific group of commentators, including John Ferejohn (NYU/Stanford), Liz Fisher (Oxford), Jeff King (UCL), Thomas Perroud (Panthéon-Assas University (Paris II), Mariana Prado (University of Toronto), Matthias Ruffert (Humboldt… [read post]