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9 Sep 2022, 10:02 am by Rick Garnett
"  So, (a) the popular vote is legally irrelevant; (b) Justices Breyer and Ginsburg were nominated by a president who did not win the popular vote (but one feels confident the author does not hold that against them); (c) Justice Scalia was nominated by a president who won one of the biggest landslides ever (but one feels confident the author does not credit the late justice with that); and (d) in fact, Justices Thomas, Alito, and Roberts were nominated by presidents who… [read post]
2 Aug 2022, 6:30 am by Guest Blogger
Today’s justices make generous use of legal canons—those old principles of interpretation that come from Roman law and are often, perhaps surprisingly, shared with Islamic law.[15]After Karl Llewelyn excoriated the use of these legal canons to interpret statutes as incoherent over half a century ago, Justice Scalia and his textualist colleagues (and disciples) rehabilitated them.[16]They are now favored tools for Justices Barrett, Kavanaugh, Gorsuch, Alito, Roberts, and Thomas. [read post]
Chief Justice Roberts and Justice Breyer filed opinions concurring in part and dissenting in part. [read post]
31 Jul 2022, 6:30 am by Guest Blogger
  Recent Roberts Court cases dealing with mini-Blaine Amendments are fascinating arenas of combat. [read post]
29 Jul 2022, 7:37 am by Bob Ambrogi
The museum had previously released bobbleheads of Ruth Bader Ginsburg and Amy Coney Barrett. [read post]
15 Jul 2022, 12:23 pm by Anastasia Boden and Elizabeth Slattery
In Schuette, for example, he voted with Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito, while Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented (Justice Elena Kagan was recused). [read post]
11 Jul 2022, 2:59 pm by Josh Blackman
Footnote 12 provides: Justice GINSBURG observes that state Medicaid spending will increase by only 0.8 percent after the expansion. [read post]
11 Jul 2022, 11:37 am by Eugene Volokh
Amy Adler, Vince Blasi, Erwin Chemerinsky, Jamal Greene, Michael McConnell, Robert Post, Fred Schauer, Geoffrey Stone, and Rebecca Tushnet, as well as Judges Stephanos Bibas, Jose Cabranes, Douglas Ginsburg, Raymond Randolph, Neomi Rao, Robert Sack, David Stras, Jeffrey Sutton, and Diane Wood. [read post]
10 Jul 2022, 8:11 am by Josh Blackman
Indeed, I made this point shortly after Justice Ginsburg died, before Justice Barrett was confirmed. [read post]
7 Jul 2022, 9:00 am by Neil H. Buchanan
  These five are, we are to believe, the best of the best -- perhaps only exceeded by their favorite martyr, Robert Bork. [read post]
6 Jul 2022, 11:10 am by Michael Ehline
John Roberts’ 2005 confirmation was the only one in recent history backed by a greater percentage of respondents in a Gallup poll, as the result sat at 59%. [read post]
6 Jul 2022, 4:55 am by Michael C. Dorf
I pay special attention to the opinion's reliance on Justice Ginsburg's 1993 Madison Lecture and John Hart Ely's post-Roe article The Wages of Crying Wolf. [read post]
5 Jul 2022, 9:01 pm by Michael C. Dorf
With respect to the third point, Justice Ginsburg approved of those passages in Casey that relied on notions of sex equality and not simply liberty.Justice Alito completely ignores points (1) and (3) from Justice Ginsburg’s lecture. [read post]
5 Jul 2022, 9:00 pm by Rodger Citron
With Justice Amy Coney Barrett replacing Justice Ruth Bader Ginsburg in 2020, the die was cast. [read post]
3 Jul 2022, 5:21 pm by Angie Gou
Justice Amy Coney Barrett had replaced Justice Ruth Bader Ginsburg, cementing a 6-3 conservative majority. [read post]
3 Jul 2022, 7:15 am by Jae Um
The longest-standing democracy in the world looks and feels bitterly divided. [read post]
2 Jul 2022, 10:10 pm by Josh Blackman
Justice Sotomayor dissented in Trinity Lutheran, joined by Justice Ginsburg. [read post]