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28 Nov 2018, 11:11 am by Adam Feldman
One explanation by Professors James Spriggs and Thomas Hansford is ideological. [read post]
17 Jun 2013, 6:39 pm by Mike Gottlieb
Harris was a five-to-four decision that has been long been criticized for its seeming inconsistency with the constitutional rule in Apprendi. [read post]
11 Jul 2018, 9:00 pm by Rodger Citron
Only three other justices—all of them conservatives (Roberts, Antonin Scalia, and Clarence Thomas)—voted with Kennedy. [read post]
15 Jul 2008, 10:54 pm
In each training session of about 20 people, there were one or two staff members who loudly proclaimed that they were not prejudiced, but that they had long experience with the homeless, and some guys would do anything to get with the women. [read post]
10 Jun 2016, 6:47 am by Jim Sedor
Thomas Calderon deposited a $30,000 bribe from the undercover agent into a bank account belong to the consulting company he founded, according to the plea agreement. [read post]
25 Jan 2018, 8:13 am by Ken Klukowski
As Justice Clarence Thomas wrote in his separate opinion in the 2013 case Fisher v. [read post]
3 Nov 2021, 10:43 am by Amy Howe
Justice Clarence Thomas questioned where New York draws the line between higher- and lower-density areas. [read post]
7 Oct 2014, 9:01 pm by Michael C. Dorf
” More broadly, because the Tenth Amendment reserves to the states those powers not delegated to the federal government, it has long been understood that states may quarantine. [read post]
6 Oct 2021, 1:04 pm by Amy Howe
” “What difference would it make,” Thomas queried, if they testified in this case as well? [read post]
20 Jun 2017, 11:33 am by Lisa Ramsey
Holder, in which the court held that U.S. copyright laws are constitutional and not subject to First Amendment scrutiny as long as Congress does not alter the traditional contours of protection, the Tam decision suggests that trademark laws are content-based regulations that should be subject to constitutional scrutiny when they regulate noncommercial expression or non-misleading commercial expression. [read post]
29 Jul 2023, 10:17 am by Josh Blackman
But after Justice Kennedy's retirements, progressives began to think long and hard before filing  cert petitions. [read post]
13 Sep 2012, 6:33 am by Hans von Spakovsky
DOJ also has a long and embarrassing record of overreach in Section 5 redistricting cases. [read post]
28 Jul 2024, 9:05 pm by Matthew Lee Wiener
Congress to assign a claim to an agency for adjudication—without a jury—as long as the agency’s resulting decision is reviewable in federal court. [read post]
9 Jun 2008, 2:21 pm
  Justice Clarence Thomas wrote for the Court in Bridge v. [read post]
17 Jan 2015, 3:13 am by David Cruz
Each of those issues was presented by some three of the four cert. petitions, so now the attorneys are going to have to hash out who gets to argue for how long. [read post]
27 Jun 2010, 9:13 am by INFORRM
If practitioners want to kill oral advocacy, the preparation and presentation to the court of excessively long written submissions (under the guise of skeleton arguments) is the way to go about it. [read post]