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5 Aug 2011, 11:38 am
The Sixth Circuit recently recognized this in its ruling upholding the ACA against novel Commerce Clause and Tenth Amendment challenges in Thomas More Law Center v. [read post]
2 Jul 2020, 9:31 am
As noted, Thomas’s concurrence also analyzed the case from an originalist perspective. [read post]
24 Sep 2019, 7:08 am
Expanding the frame of our inquiry even this much reveals that the injunction that reaches beyond the plaintiffs—and the law-declaration model of the judicial power that this remedy implies—is not some late-blooming efflorescence of post-Warren Court judicial hubris. [read post]
20 Apr 2021, 8:43 am
Guarnieri insisted that the Treasury Department was advancing a textualist argument, but Roberts’ question set the tone: Justices Clarence Thomas, Samuel Alito and Elena Kagan all pressed Guarnieri on whether he was actually making a textualist argument rather than, as Alito framed it, an “absurdity argument. [read post]
30 Sep 2007, 3:19 am
At the time of the framing, the nation countenanced any number of methods of execution potentially more painful than lethal injection. [read post]
29 Jun 2018, 9:05 am
Second, Wayfair was, as framed by Kennedy, as much a case about the “Cyber Age” as it was a case about the 19th-century dormant commerce clause. [read post]
16 May 2016, 12:02 pm
Justice Thomas concurred, while Justice Ginsburg (joined by Justice Sotomayor) dissented. [read post]
30 Aug 2021, 4:00 am
New York State Comptroller Thomas P. [read post]
7 May 2020, 6:30 am
” Of course, as Leonard and Cornell document, Thomas Jefferson, the Declaration’s putative author, neither believed nor practiced any of this. [read post]
30 Aug 2021, 4:00 am
New York State Comptroller Thomas P. [read post]
2 Jun 2017, 8:25 am
For this reason, it’s notable that none of the three IRAP dissents makes use of the majority’s rhetoric of blindness: they don’t accept the majority’s implicit framing of the Trump presidency as wielding a second, different [read post]
2 Aug 2024, 6:30 am
” (231) LaCroix correctly points out that both James Madison and Thomas Jefferson used the word “compact” when they each respectively drafted the Virginia and Kentucky Resolutions of 1798. (34) But she erroneously assumes that such terminology necessarily implicated Hayne’s and the later nullifiers’ understanding of the foundation of the Constitution and that there was only one “compact theory. [read post]
6 Nov 2011, 5:49 pm
Based on their general records (and the first two’s performance in the oral arguments), it seems extraordinarily unlikely that Justices Roberts, Alito, and Thomas would rule against the Georgia authorities. [read post]
11 Feb 2013, 4:37 am
Reply Brief of Appellant James Thomas Flocker, U.S. v. [read post]
3 May 2018, 5:02 am
From the Framing to Today," based on my Penn Law Review article. [read post]
8 Jan 2013, 1:18 pm
The Thomas-Rasset case may yet reach the US Supreme Court on the constitutionality of these enormous statutory damage awards. [read post]
19 Jul 2014, 7:38 am
Thomas Lundgren and Pichu Yeh Lundgren (landlord), the owners of the residential property in which she rented an apartment. [read post]
16 Jan 2016, 2:00 am
On January 15, 2016, New York State Comptroller Thomas P. [read post]
19 Nov 2018, 12:17 pm
Other than saying "whoops, we were wrong," how was the SG going to frame the government's argument? [read post]
27 Oct 2023, 5:00 am
Otherwise, it will often be impossible to enforce the original meaning under conditions different from those envisioned by the generation that framed and ratified the relevant provision of the Constitution. [read post]
