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27 Apr 2018, 8:48 am
Roberts and Thomas also joined Kennedy in a plurality opinion basing the decision on the application of the two-part test established in Sosa v. [read post]
25 Apr 2018, 1:46 pm
Justice Elena Kagan seemed to share concerns raised by Roberts, Kennedy, and Justice Samuel Alito (and quite possibly also shared by Gorsuch and Justice Clarence Thomas) about second-guessing national security determinations made by the executive branch. [read post]
25 Apr 2018, 1:28 pm
Justice Anthony Kennedy is assigned to the U.S. [read post]
25 Apr 2018, 12:26 pm
We spot four spouses of the justices — Mary Kennedy, Joanna Breyer, Martha-Ann Alito and Louise Gorsuch. [read post]
25 Apr 2018, 11:01 am
(Part II-A of Kennedy’s opinion, joined by Chief Justice John Roberts and Justice Clarence Thomas, strongly suggests that international law itself must provide for corporate liability, but indicates that “the Court need not resolve” that question.) [read post]
25 Apr 2018, 9:05 am
Based on their questions - the four most conservative justices (Alito, Roberts, Thomas, and Gorsuch) seem likely to side with the administration. [read post]
24 Apr 2018, 9:35 pm
In a rare close decision in patent cases, Justice Gorsuch (joined by the Chief Justice and Justices Kennedy, Thomas, and Alito) provided a textual explication of the inter partes review (IPR) statute in deciding that the U.S. [read post]
24 Apr 2018, 12:01 pm
The only alleged connections to the United States are the CHIPS transactions in Arab Bank’s New York branch and a brief allegation regarding a charity in Texas.Justices Thomas, Alito and Gorsuch each filed a concurring opinion. [read post]
24 Apr 2018, 10:41 am
I hesitate to predict any Supreme Court opinion, especially because both Justices Clarence Thomas and Neil Gorsuch were silent during the argument. [read post]
24 Apr 2018, 7:03 am
Justice Thomas issued a concurring opinion. [read post]
24 Apr 2018, 7:00 am
Justice Kennedy was joined in full by the Chief Justice and Justice Thomas. [read post]
23 Apr 2018, 2:33 pm
If that summary captured the entire argument, I might have expected a strong majority to rule in favor of the existing appointments, perhaps with a dissent from Roberts and Justices Clarence Thomas and Neil Gorsuch. [read post]
20 Apr 2018, 9:30 am
Could Justices Sonia Sotomayor and Clarence Thomas be the new Scalia/Ginsburg? [read post]
20 Apr 2018, 9:27 am
” Roberts was joined by Justices Kennedy, Thomas, and Alito. [read post]
20 Apr 2018, 9:27 am
” Roberts was joined by Justices Kennedy, Thomas, and Alito. [read post]
19 Apr 2018, 11:00 am
Lee’s “The Dangerous Case of Donald Trump: 27 Psychiatrists and Mental Health Experts Assess a President,” (Thomas Dunne, 2017). *** As she watched Donald Trump campaigning like a bull in the china shop of political correctness, Bandy Lee, a Yale psychiatrist with a degree from Yale’s divinity school, began to worry that there was something mentally wrong with the man and that she had a moral responsibility to do something about it. [read post]
18 Apr 2018, 9:35 pm
That fifth vote, if it comes, usually comes from the Chief or Kennedy, both of whom are senior to RBG. [read post]
18 Apr 2018, 10:19 am
Writing for himself and Justices Clarence Thomas and Samuel Alito, Justice Neil Gorsuch dissented, arguing that applying the Ylst presumption to summary state-court affirmances treats state courts with disrespect, because it contradicts the Supreme Court’s own guidance that its summary affirmances “may be read only as signaling agreement with a lower court’s judgment and not necessarily its reasons. [read post]
17 Apr 2018, 11:32 am
” Kennedy and Alito joined Thomas’ dissent as to Parts I-C-2, II-A-1 and II-B, but not as to that statement from Thomas’ second paragraph. [read post]
17 Apr 2018, 10:46 am
The Supreme Court rejected the argument for several reasons, one of which is that however vague it might have been in other contexts, Levy's conduct of urging enlisted men to defy their orders was very clearly within its ambit.Justice Thomas, calls for abandoning the categorical approach in part II-B, a portion of his opinion: joined by Justices Kennedy and Alito:I see no good reason for the Court to persist in reading the ordinary-case approach into §16(b). [read post]
