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22 Mar 2011, 3:51 pm
The petition also sought to exploit the fact that Justice O’Connor had written separately in Yarborough, and argued that, since the Court was split 5-4, the O’Connor opinion was actually the controlling one under the interpretive theory that such a middle-ground decision straddles between the majority and the dissent. [read post]
2 Jul 2020, 9:31 am
As noted, Thomas’s concurrence also analyzed the case from an originalist perspective. [read post]
1 Feb 2021, 6:30 am
Therefore Louisiana’s law cannot stand under our precedents”—also resonates powerfully for anyone deeply familiar with the Souter-O’Connor-Kennedy opinion in Casey. [read post]
30 Jun 2017, 9:30 am
Justices Alito, Thomas, and Gorsuch wrote separately to say that while they agreed with the partial stay, they would have gone further, giving the government all it requested. [read post]
25 Jan 2008, 2:07 am
Titolo Law Office, NV Plaintiff's Breakout 11:15am - 12:30pm Effective Use of Demonstrative Evidence Thomas W. [read post]
29 May 2008, 6:55 am
Sticking to their guns, Justices Thomas and Scalia also dissented, finding the Chief Justice’s contextual argument persuasive but also reiterating their disagreement with the basic premise that an anti-discrimination provision can be read to prohibit retaliation. [read post]
20 Jun 2016, 7:08 am
In her dissent in the case, Chief Justice O’Connor urged the state to take the case to the U.S. [read post]
7 Aug 2022, 6:28 am
Supreme Court Justice Samuel Alito, joined by Justices Thomas and Scalia. [read post]
7 Oct 2009, 6:59 am
" Above the Law's David Lat and Kashmir Hill recently interviewed Justice Sandra Day O'Connor about her post-retirement work, and their discussion of the interview reveals that O'Connor is busier now than ever before. [read post]
25 Apr 2019, 11:19 am
Breyer, who remains on the Court, supported the O’Connor dissent. [read post]
28 Jun 2011, 7:57 am
(June 27, 2011), the Court was faced with the application of stream of commerce jurisdiction based on one of competing opinions authored by Justices O’Connor and Brennan in Asahi Metal Industry Co. v. [read post]
1 Jul 2007, 5:33 am
One might argue that Justices Scalia and Thomas engage in such derision only when the Constitution doesn't answer a particular constitutional question. [read post]
10 Jan 2017, 6:20 am
But serious constitutional federalists should be opposing Raich, in line with the powerful dissenting opinions by Justice Clarence Thomas and Sandra Day O’Connor, not exploiting it to impose federal prohibition on unwilling states. [read post]
28 Apr 2022, 8:30 am
Bush 4 D MR Thomas 2009 Obama 1 D D Clinton 1 2011 Obama 2 D D Clinton 2 2013 Obama 3 D D Clinton 3 2015 Obama 4 R MD Clinton 4 2017 Trump 1 R R G.W. [read post]
13 Apr 2022, 4:30 am
What made the position espoused by Texas (and approved by Justice Thomas in his lone dissent in Ramirez) so outrageous was its gratuitous [read post]
2 May 2024, 6:30 am
Do we really want the likes of Thomas, Alito, Gorsuch, and Kavanaugh making social policy for our country? [read post]
14 Mar 2022, 4:30 am
The answer should be no.Justice Thomas is fond of arguing that the Constitution does not speak to legacy status or to athletic or musical ability but that it does speak to race. [read post]
7 Jul 2022, 9:00 am
In any event, we will never know how he would have approached writing the Dobbs opinion (which he certainly would have insisted upon authoring).While Alito and Clarence Thomas are nearly as problematic as Scalia was, the other three are neither renowned for dickishness nor old enough not to care. [read post]
20 Feb 2019, 10:32 am
”8 The majority opinion and Justice O’Connor’s dissent in Kelo v. [read post]
20 Mar 2019, 10:19 am
Thomas’ voting behavior does not suggest that he shifted farther right between 2000 and 2017. [read post]