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26 Feb 2024, 4:46 pm
But Justice Brett Kavanaugh also appeared unconvinced. [read post]
21 Feb 2024, 2:04 pm
Justice Brett Kavanaugh’s opinion for a unanimous court squarely rejects that decision, going out of its way to call for predictable enforcement of those clauses. [read post]
21 Feb 2024, 12:50 pm
Justice Brett Kavanaugh was the most openly sympathetic to the challengers. [read post]
21 Feb 2024, 7:03 am
And Justice Brett M. [read post]
21 Feb 2024, 6:16 am
In a statement regarding the court’s decision not to take up the question, Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, noted that Justice Brett Kavanaugh had “previously expressed his desire for the Court to resolve” a conflict among the federal courts of appeals on this issue. [read post]
20 Feb 2024, 7:13 pm
Circuit, oral argument was conducted before Judge Douglas Ginsburg (yes, the same Judge Ginsburg) together with then-Judge Brett Kavanaugh and Judge Karen Henderson. [read post]
20 Feb 2024, 5:44 pm
The dominant voice at Tuesday’s oral argument was Justice Brett Kavanaugh’s, and he was strongly predisposed to favor the employers. [read post]
12 Feb 2024, 9:01 pm
For example, Justice Brett Kavanaugh repeatedly invoked Griffin’s Case, in which Chief Justice Salmon Chase, acting in his capacity as a lower court judge, ruled that Section 3 is not operative absent legislation by Congress. [read post]
12 Feb 2024, 4:00 am
2/12/1965: Justice Brett Kavanaugh's birthday. [read post]
11 Feb 2024, 9:58 am
(FWIW, may oral arguments are very rare, but Brett Kavanaugh argued a case in June.) [read post]
9 Feb 2024, 12:46 pm
” A few of the justices seemed extremely skeptical of Murray’s arguments, with Justice Brett Kavanaugh even going so far as to say that “there’s no historical evidence to support [that] kind of theory of Section 3. [read post]
8 Feb 2024, 2:35 pm
“Your position has the effect of disenfranchising voters to a significant degree,” conservative Justice Brett Kavanaugh said in one of the more striking exchanges with attorneys. [read post]
8 Feb 2024, 12:14 pm
Justice Brett Kavanaugh echoed Thomas’ emphasis on the absence of any historical examples as evidence that states do not have the standalone power to disqualify candidates under Section 3. [read post]
1 Feb 2024, 12:01 pm
By invoking Section Three against Donald Trump, Justices Brett Kavanaugh, Neil Gorsuch, and Amy Coney Barrett would silence forever claims that they are tools of the president who appointed them. [read post]
28 Jan 2024, 4:58 pm
Section council members have included Justices William Rehnquist, Stephen Breyer, Antonin Scalia, Brett Kavanaugh, and Ketanji Brown Jackson and many legends of the practice of law including Ron Cass, Neil Eisner, Michael Fitzpatrick, Russell Frisby, Ernest Gelhorn, Kristin Hickman, Linda Jellum, Sally Katzen, Kathryn Kovacs, Renée Landers, Ron Levin, Jane Luxton, Jeffery Rosen, Anna Shavers, Peter Strauss, Tom Sussman, Chris Walker, and Richard Wiley. [read post]
27 Jan 2024, 5:00 am
I was highly critical of Cuomo in his dismissal of the rights of Justice Brett Kavanaugh during his confirmation fight when Cuomo not only insisted that Dr. [read post]
26 Jan 2024, 11:21 am
Indeed, Michel is well known to the justices, having served not only as a law clerk to Roberts but also as a clerk to then-Judge Brett Kavanaugh on the U.S. [read post]
24 Jan 2024, 7:04 pm
And in related commentary, online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “What’s Going On With Brett Kavanaugh? [read post]
24 Jan 2024, 3:12 pm
Chevron deference “ushers in shocks to the system every four or eight years when a new administration comes in,” Justice Brett Kavanaugh said, “from pillar to post. [read post]
22 Jan 2024, 7:26 pm
Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas voted to allow the Texas policy. [read post]
