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26 Jun 2017, 10:33 am by Eugene Volokh
The court has just said “generally no,” in an opinion written by Chief Justice John G. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
Brennan or Earl Warren, but, rather, John Marshall Harlan, who on notable occasions, including the reapportionment cases, dissented from quintessential “Warren Court” decisions. [read post]
23 Sep 2024, 7:00 am by Marty Lederman
 See, e.g., Letter from Jefferson to William Duane (May 23, 1801), in 8 The Writings of Thomas Jefferson 54, 55 (P. [read post]
24 Apr 2023, 7:00 am by Guest Blogger
Belief in the need for education for citizenship in constitutional democracy further expanded through an array of American civic thought and leadership, from John Dewey to Anna Julia Cooper and Carter G. [read post]
7 Apr 2024, 9:05 pm by renholding
As Thomas Piketty has shown, returns to capital and to labor have been heavily skewed toward capital in recent decades due largely to legal and economic frameworks.[23] With respect to politics, one often hears that business should remain “neutral. [read post]
20 Dec 2019, 8:49 am by Amy Howe
They found it in Chief Justice John Roberts, who had been a dissenter in the Texas case three years ago. [read post]
19 May 2015, 7:20 am by Bradley Joondeph
Justices Scalia and Thomas argued that it was beside the point because the dormant Commerce Clause is not a part of the Constitution, “a judicial fraud. [read post]
9 Nov 2022, 3:02 pm by Amy Howe
  Chief Justice John Roberts offered a hypothetical involving a Native American baby without any extended family members available to take care of her, and a non-Native couple willing to adopt her. [read post]
10 Apr 2007, 10:15 am
Paul in the lawsuit are: Tom Campbell (R, CA), Dennis Kucinich (D, OH), Marcy Kaptur (D, OH), Roscoe Bartlett (R, MD), Bob Barr (R, GA), Dan Burton (R, IN), Philip Crane (R, IL), John Cooksey (R, LA), Walter Jones (R, NC), Donald Manzullo (R, IL), Charlie Norwood (R, GA), Thomas Petri (R, WI), Marshall Sanford (R, SC), Joe Scarborough (R, FL), Bob Schaffer (R, CO), and Thomas Tancredo (R, CO). [read post]
31 Dec 2011, 5:16 am by NL
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]
9 Jun 2011, 10:22 pm
John Deere Co. of Kansas City, 383 U. [read post]
20 Jun 2017, 11:33 am by Lisa Ramsey
Public Service Commission of New York and a majority of the justices did not agree on the appropriate framework for evaluating a First Amendment challenge to provisions of the federal trademark law, it is clear from Alito’s opinion (joined by Chief Justice John Roberts and Justices Clarence Thomas and Stephen Breyer) that trademark laws must at least survive Central Hudson’s intermediate-scrutiny analysis. [read post]
28 May 2021, 7:08 am by Nathan Dorn
Eventually, the role of Attorney General went to John Breckinridge from Kentucky. [read post]
23 Jun 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Today, however, a conservative bloc of five—the three Trump appointees (Neil Gorsuch, Brett Kavanaugh, and Amy Barrett) plus Clarence Thomas and Samuel Alito—is said to be unrestrained and, not needing the vote of Chief Justice John Roberts, ignores his pleas for modesty and restraint.There is perhaps a modicum of truth to some of these assessments. [read post]
30 Nov 2021, 3:22 pm by John Aloysius Cogan Jr.
Justices Clarence Thomas, Samuel Alito, Sonia Sotomayor, and Amy Coney Barrett likewise seemed troubled by HHS’s definition of “entitled to. [read post]
28 Jul 2024, 9:05 pm by Matthew Lee Wiener
The Court largely ignored its modern decisions defining public rights broadly, including one that Chief Justice John G. [read post]
14 Jul 2024, 9:06 pm by Zachary S. Price
In 1806, Representative John Randolph complained that “those who disburse the money” provided by Congress “are like a saucy boy who knows that his grandfather will gratify him, and over-runs the sum allowed him at pleasure. [read post]