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13 Jan 2022, 9:01 pm
Nonetheless, had he attended the oral argument in the grotesque costume I am hypothesizing, no one would have been able to trust his decision to join the unanimous ruling for Brandenburg as an unbiased application of free speech principles.Something a little bit like that happened over the last week, albeit without the same level of offensiveness. [read post]
28 Dec 2020, 7:13 am
§ 230(c)(1); Barrett v. [read post]
6 Jan 2015, 10:00 pm
As we noted yesterday, eDiscoveryDaily published 93 posts related to eDiscovery case decisions and activities over the past year, covering 68 unique cases! [read post]
14 Feb 2022, 9:01 pm
While Roberts has sometimes played a pivotal role, since Justice Ruth Bader Ginsburg’s death and her replacement by the very conservative Justice Amy Coney Barrett, the Chief’s evolution has had little impact on the outcomes of cases, as there are now five Justices to his right. [read post]
23 Jun 2024, 4:31 pm
Justice Barrett (concurring): She clarifies that historical analogues need not be exact matches, but should reveal principles consistent with the challenged law. [read post]
6 Jul 2023, 1:35 am
” Devlin Barrett reports for the Washington Post. [read post]
21 Sep 2023, 2:19 am
Devlin Barrett, Perry Stein, and Jacqueline Alemany report for the Washington Post. [read post]
In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country
26 Apr 2022, 10:06 am
” To paraphrase: Wherever federal power is exclusive, such as Indian country, the United States possesses exclusive power to prosecute generally applicable federal crimes. [read post]
23 Jun 2024, 4:31 pm
Justice Barrett (concurring): She clarifies that historical analogues need not be exact matches, but should reveal principles consistent with the challenged law. [read post]
17 Jun 2021, 1:35 pm
SCOTUS decided, in a 6-3 decision authored by Justice Barrett, and joined by Justices Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, that the narrower reading is the correct one. [read post]
8 Oct 2020, 11:19 am
I am not a gambling man, but I would put them at greater than 50 percent, particularly if Amy Coney Barrett is confirmed to the Court and participates in the ruling, but certainly no sure thing. [read post]
28 Apr 2021, 8:03 pm
Justice Elena Kagan posed questions for both sides on how potential misrepresentations by the immigration judge would impact the availability of administrative exhaustion, leading to various exchanges over the application of the exceptions to administrative exhaustion and the meaning of availability of a review process. [read post]
28 Mar 2023, 2:41 pm
The ruling is a 6-3 decision featuring an unusual coalition of justices in the majority: the three liberals joined conservatives Neil Gorsuch, Amy Coney Barrett, and Brett Kavanaugh. [read post]
21 Nov 2023, 1:33 pm
(The New York Times picked up Justice Barrett's question). [read post]
16 May 2023, 2:51 am
Devlin Barrett and Perry Stein report for the Washington Post. [read post]
21 Mar 2024, 3:19 am
As Justice Amy Coney Barrett seemingly implied during the Murthy v. [read post]
5 Oct 2020, 2:52 pm
“If I got an application for a clerkship from someone” that said that, “I wouldn’t know what to make of it,” Roberts told Finger. [read post]
3 Dec 2022, 8:30 am
(Since Masterpiece Cakeshop, Justices Kavanugh and Barrett have been added to the Court. [read post]
8 Jun 2022, 9:01 am
Instead, the Court issued a fact-specific decision that focused on application of the transportation worker exemption to a worker directly engaged in loading cargo for transport across borders. [read post]
30 Sep 2024, 5:59 pm
This allowed the confirmations of Neil Gorsuch, by a vote of 54 to 45, of Brett Kavanaugh by a vote of 50 to 48, and of Amy Coney Barrett in October of a presidential election year by a vote of 52 to 48. [read post]