Search for: "OPINIONS OF THE JUSTICES TO THE GOVERNOR."
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15 Apr 2020, 6:59 am
Justice Samuel Miller, writing for the majority and following his own Slaughterhouse majority opinion, denied that the right to practice law was a “privilege or immunity” of federal citizenship. [read post]
14 Apr 2020, 9:00 pm
The majority opinion, written by Justice Blackmun, embraced the trimester framework, under which states could not regulate abortion during the first trimester; could regulate it only to preserve the mother’s health during the second; and could regulate or restrict it completely, unless abortion was necessary to save the life or health of the woman, during the third trimester because its interest in protecting fetal life becomes compelling when the fetus reaches the point of… [read post]
14 Apr 2020, 6:25 pm
Chief Justice Saylor's partial dissent on behalf of three of the seven justices, takes issue with the majority opinion on several points, but still would not rule in favor of the plaintiffs outright—instead concluding that some of the issues they raise should be addressed more fully in the lower courts before reaching a final decision. [read post]
14 Apr 2020, 8:23 am
Expense Bd., (1999) (dissenting opinion); Federal Maritime Comm'n v. [read post]
13 Apr 2020, 9:47 am
The majority opinion by Justice Kagan (for seven justices) emphasized stare decisis in holding that the case was not meaningfully different from Florida Prepaid Postsecondary Education Expense Board v. [read post]
12 Apr 2020, 9:01 pm
On Tuesday, April 7, Wisconsin held a primary election despite the fact that state residents were under an order of the governor to stay home in order to slow the spread of COVID-19. [read post]
12 Apr 2020, 5:50 am
The most prominent example is the opinion of then-Judge Alito in Fraternal Order of Police v. [read post]
11 Apr 2020, 9:23 pm
Justice Stegall also addressed the complicated internal inconsistency in the concurrent resolution, which I discussed in part 4 of my earlier post; if you're interested in that, read the opinion. [read post]
10 Apr 2020, 12:30 pm
Circuit manage four opinions as to the meaning of the Federal Death Penalty Act of 1994. [read post]
7 Apr 2020, 5:11 pm
They certainly seem to exemplify a phenomenon Justice Jackson cautioned against in his landmark opinion in the Youngstown Steel case: "The opinions of judges, no less than executives and publicists, often suffer the infirmity of confusing the issue of a power's validity with the cause it is invoked to promote, of confounding the permanent executive office with its temporary occupant. [read post]
6 Apr 2020, 9:09 pm
" In her dissent, Justice Bradley accuses the majority of "ignor[ing] the plain language" of Section 323.12(4)(b).] [read post]
6 Apr 2020, 5:13 pm
” Justice Ruth Bader Ginsburg dissented, in a six-page opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. [read post]
5 Apr 2020, 9:00 pm
The Framers would have predicted the governors’ competitive bidding for protective gear and ventilators we see today. [read post]
5 Apr 2020, 3:36 pm
” In a concurring opinion, Chief Justice Saylor wrote that, “In my view, the primary authority to release qualifying prisoners on account of a disaster emergency rests with the Governor . . . and/or the General Assembly” rather than with the judiciary. [read post]
4 Apr 2020, 11:26 am
In the opinion of many experts it has been said that each Governor should name a high-level health coordinator to address the growing problem faced by low-risk state prisoners. [read post]
1 Apr 2020, 9:01 pm
As I noted earlier, I have spent a great deal of my time pondering issues of generational justice. [read post]
31 Mar 2020, 7:34 pm
(Pic credit here)Hysteria, obsession, and what feels like the inescapable reality of a pandemic served up in a never ending stream of exclamation points. [read post]
31 Mar 2020, 12:22 pm
In his landmark 1824 opinion in Gibbons v. [read post]
28 Mar 2020, 5:00 pm
After all, we endured endless discussions about what obstruction of justice entailed during the recent impeachment of the president. [read post]
28 Mar 2020, 5:00 pm
After all, we endured endless discussions about what obstruction of justice entailed during the recent impeachment of the president. [read post]
