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27 Jun 2011, 7:27 am
Justices Thomas and Breyer dissented; Justice Alito, joined by Chief Justice Roberts, concurred in the judgment. [read post]
27 Jun 2011, 7:10 am
In an earlier opinion in the same litigation, Justice Thomas stated his view that those cases should indeed be overruled on that point. [read post]
27 Jun 2011, 7:01 am
Lawrence Susskind, Sarah McKearnan, and Jennifer Thomas-Larmer (Thousand Oaks, CA: Sage Publications, 1999), 171. [read post]
27 Jun 2011, 6:26 am
In CSX, Justice Clarence Thomas joined Justice Ginsburg’s majority opinion. [read post]
27 Jun 2011, 6:00 am
In a concurrence, Justices Alito and Thomas said they were taking this position only for the purposes of argument because no party had contested it. [read post]
26 Jun 2011, 4:26 pm
Others who wish to view abstracts or full text of these papers should contact the authors. [read post]
26 Jun 2011, 12:27 pm
The question presented, whether doctors who serve as medical residents are properly viewed as students whose service Congress has exempted from FICA taxes under 26 U. [read post]
26 Jun 2011, 7:27 am
The latest SCOTUSBlog StatPack shows they agreed in full only 58 percent of the time, but that’s still quite a bit more than Justice Breyer or Ginsburg fully agreed with Justice Scalia or Thomas. [read post]
25 Jun 2011, 7:39 am
Weiner was even more brazen in explaining the letter he and colleagues wrote to Thomas: “If Justice Thomas does not recuse himself and the Court rules [against] the law, I will be making the point that this is not a credible decision. [read post]
25 Jun 2011, 6:58 am
Kennedy and Clarence Thomas. [read post]
25 Jun 2011, 5:52 am
Although frustrating to admit, it appears that Justice Thomas, the author of the majority opinion and a member of the Majority in Wyeth, is consistent in his legal theories concerning the Supremacy Clause and federal preemption. [read post]
24 Jun 2011, 3:52 pm
But that view will not become the law. [read post]
24 Jun 2011, 3:47 pm
In Sorrell, the Court reasoned, Vermont’s restrictions on speech would not survive whether the Court viewed them under its most stringent standards or under a less skeptical approach. [read post]
24 Jun 2011, 3:38 pm
View this document on Scribd [read post]
24 Jun 2011, 3:25 pm
Bartlett (1984), courts are limited to the statutory text, legislative history, and views of the Executive Branch or can instead also consider other external indicia; and (2) whether the lower court properly ruled that a Native American tribe's reservation had been "disestablished. [read post]
24 Jun 2011, 9:57 am
He is represented by Thomas Catalano of Lester Schwab Katz & Dwyer here in New York. [read post]
24 Jun 2011, 3:49 am
Justice Thomas doesn’t join in Footnote 6, which defines what testimonial is, but his reasons for doing so are clear: since Crawford, he has adopted the narrow view that testimonial statements must be “formal,” i.e., in written or affidavit form. [read post]
24 Jun 2011, 1:50 am
against incremental encroachments of Article III judicial power and the view that Thomas and Schor are "controlling precedent" that require a "pragmatic ... examination of relevant factors [in determining] whether [congressional] delegation [of adjudicatory authority to a non-Article III judge] constitutes a significant encroachment by the Legislative or Executive Branches ... upon the realm of authority that Article III reserves for exercise by the… [read post]
23 Jun 2011, 7:13 pm
As Thomas Kuhn noted in The Structure of Scientific Revolutions, oftentimes, before a new paradigm can come to the fore, the old guard has to die out. [read post]
23 Jun 2011, 3:14 pm
Alito, Jr., Sonia Sotomayor, Antonin Scalia and Clarence Thomas. [read post]
