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21 Oct 2022, 7:37 am by jonathanturley
” Justices like recently retired Justice Stephen Breyer and the late Ruth Bader Ginsburg pushed back on such attacks on their conservative colleagues as well as calls for court packing. [read post]
11 Oct 2022, 9:22 am by David Kopel
Castro-Huerta, which was joined by Justices Breyer, Sotomayor, and Kagan. 142 S.Ct. 2486, 2506-07 (2022). [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
Justice Stephen Breyer’s dissent provides the grisly details. [read post]
7 Oct 2022, 5:09 am by Marcia Coyle
Chief Justice John Roberts Jr. dissented as did Justices Elena Kagan, Stephen Breyer, and Sonia Sotomayor. [read post]
3 Oct 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
But it is hard to separate Kagan’s comments from the Dobbs decision last term, where the three Justices appointed by President Trump—Neil Gorsuch, Brett Kavanaugh, and Amy Barrett—joined Justices Clarence Thomas and Samuel Alito to overturn Roe v. [read post]
30 Sep 2022, 4:37 pm by Amy Howe and Mark Walsh
Jane Roberts and Ashley Kavanaugh are soon joined by Ginni Thomas and the spouses of three former justices: Maureen Scalia, widow of the late Justice Antonin Scalia; Mary Kennedy, wife of retired Justice Anthony Kennedy; and Joanna Breyer, wife of recently retired Justice Stephen Breyer. [read post]
30 Sep 2022, 1:35 pm by SCOTUSblog
” Every detail is perfect: the chief at the old-fashioned switchboard; RBG lifting a weight in one hand, the phone in the other; Alito on shoe phone; Thomas with a copy of the US Reports; Kagan twirling the cord of a pink princess phone. [read post]
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]
10 Aug 2022, 10:05 am
But when it comes to reaffirming the sensitive places analysis that Justice Thomas had previously signed onto when he joined the Court's opinion in District of Columbia v. [read post]
9 Aug 2022, 9:19 am by David Kopel
Dissenting in Heller and McDonald, Justice Breyer had argued that Second Amendment cases should be reviewed under what he called "interest balancing. [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]
The majority opinion was written by Justice Kagan and joined by Justices Thomas, Ginsburg, Alito, Gorsuch, and Kavanaugh. [read post]
31 Jul 2022, 6:30 am by Guest Blogger
”[5][6] Justice Thomas’s plurality opinion in Mitchell v. [read post]
29 Jul 2022, 7:37 am by Bob Ambrogi
Those available include Samuel Alito, Stephen Breyer, Neil Gorsuch, Elena Kagan, Brett Kavanaugh, Anthony Kennedy, Thurgood Marshall, Sandra Day O’Connor, William Rehnquist, John Roberts, Antonin Scalia, Sonia Sotomayor, David Souter, John Paul Stevens, Clarence Thomas, and Earl Warren. [read post]
28 Jul 2022, 4:00 am by Paul Caron
Following up on my previous posts: GW Hatchet, George Washington Refuses To Fire Justice Thomas, Who Has Co-Taught A Course For A Decade David Lat, Free Speech And Cancel Culture: A Tale Of Two Law Schools Washington Post, Students, Alumni Push Back Against George Washington's Refusal To Cancel Justice Thomas's... [read post]
26 Jul 2022, 8:11 am by Holly Brezee
Justice Breyer analogizes this to a bird watcher who may not be experienced and sees a red tanager but believes it to be a cardinal. [read post]