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21 Jun 2019, 4:16 pm by Evan Lee
Justice Stephen Breyer’s majority opinion stated that the federal law in question, 18 U.S.C. [read post]
21 Jun 2019, 12:19 pm by Travis Weber
While Sections II-A and II-D of Alito’s opinion were only joined by Chief Justice John Roberts, Justice Stephen Breyer, and Kavanaugh, the refusal of Justices Neil Gorsuch and Clarence Thomas to join them was likely not due to disagreement with the outcome they would produce, but rather because they didn’t go far enough toward an originalist approach that would itself eliminate Lemon. [read post]
21 Jun 2019, 10:42 am by Amy Howe
The court’s opinion, written by Justice Brett Kavanaugh and joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor and Elena Kagan, depicted Flowers’ case as one that broke “no new legal ground. [read post]
21 Jun 2019, 9:54 am by Christopher Walker
Justice Stephen Breyer, writing for the court, candidly confesses that it is “difficult to answer this question. [read post]
21 Jun 2019, 5:59 am by Ira Lupu and Robert Tuttle
Justices Neil Gorsuch and Clarence Thomas concurred only in the judgment. [read post]
20 Jun 2019, 9:05 pm by Alana Bevan
WHAT WE’RE READING THIS WEEK The scientific integrity of U.S. agency decision-making may be under threat, according to an essay by professor Thomas McGarity of the University of Texas at Austin School of Law in the American Constitution Society’s publication, Rethinking Admin Law: From APA to Z. [read post]
20 Jun 2019, 7:32 pm by Mila Sohoni
Justice Neil Gorsuch’s dissent was joined by Chief Justice John Roberts and Justice Clarence Thomas. [read post]
20 Jun 2019, 2:54 pm by Mark Walsh
” There are concurring opinions from Justices Stephen Breyer, Kavanaugh, and Kagan, and opinions concurring in the judgment by Thomas and Gorsuch (with various cross-signings). [read post]
20 Jun 2019, 12:48 pm by Howard M. Wasserman
” Justice Clarence Thomas dissented, joined by Justices Elena Kagan and Neil Gorsuch, arguing that the case should have been dismissed as improvidently granted. [read post]
20 Jun 2019, 9:05 am by Amy Howe
In that case, Justice Stephen Breyer provided the fifth vote to leave the monument in place, with his concurring opinion providing the governing rule. [read post]
20 Jun 2019, 7:03 am by Howard Bashman
United States, No. 17-6086, and issued an opinion in which Justices Ruth Bader Ginsburg, Stephen G. [read post]
20 Jun 2019, 2:00 am by DONALD SCARINCI
Justice Clarence Thomas and Justice Neil Gorsuch concurred in the judgement, each writing separately. [read post]
19 Jun 2019, 9:55 am by Adam Feldman
Two of Thomas’ decisions were self-assigned and two were assigned by Roberts. [read post]
17 Jun 2019, 3:43 pm by Emily Hammond
Today’s judgment was accompanied by three opinions: a lead opinion written by Justice Neil Gorsuch and joined by Justices Clarence Thomas and Brett Kavanaugh; a concurring opinion by Justice Ruth Bader Ginsburg, joined by Justices Sonia Sotomayor and Elena Kagan; and a dissenting opinion by Chief Justice John Roberts, joined by Justices Stephen Breyer and Samuel Alito. [read post]
17 Jun 2019, 3:09 pm by Amy Howe
” Justice Sonia Sotomayor dissented, in an opinion that was joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan. [read post]