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27 Mar 2019, 1:07 pm by Amy Howe
” Justice Brett Kavanaugh appeared to believe that the better course would be for agencies always to use the notice-and-comment process when making regulations that interpret other regulations. [read post]
27 Mar 2019, 4:12 am by Edith Roberts
Briefly: At truthdig, Bill Blum writes that “[u]nlike some of his GOP counterparts, [Justice Clarence] Thomas has demonstrated no migration to the ideological center[; i]f anything, he’s become increasingly radical over time. [read post]
26 Mar 2019, 11:06 am by Joel Goldstein
Justice Clarence Thomas, who wrote the majority opinion in Townsend, did not ask any questions, and neither did Justice Neil Gorsuch. [read post]
25 Mar 2019, 4:08 am by Lyle Denniston
No one knows where Kennedy’s successor, first-term Justice Brett M. [read post]
25 Mar 2019, 3:55 am by Edith Roberts
’” At The Daily Caller, Kevin Daley looks at two scholarly analyses of Justice Clarence Thomas’ habitual silence on the bench, which the justice broke during an oral argument last week for the first time in three years. [read post]
22 Mar 2019, 3:53 am by SHG
And from the distance of never having picked jury, like Justice Clarence Thomas, who broke his latest three year silence to ask a question that demonstrated he doesn’t know how voir dire works, the problems seem obvious and the solutions simple. [read post]
21 Mar 2019, 6:54 am by Amy Howe
But then Justice Clarence Thomas, who hadn’t spoken up at oral argument since 2016, had a question. [read post]
20 Mar 2019, 12:48 pm by Bethany Berger
Only the dissent by Justice Brett Kavanaugh, joined by Justice Clarence Thomas, indicates a fundamental disagreement about the rules of tribal treaty interpretation. [read post]
20 Mar 2019, 12:37 pm by Mark Walsh
” Justice Brett Kavanaugh tells him, “We can’t take the history out of the case. [read post]
20 Mar 2019, 10:12 am by Peter Margulies
(Justices Clarence Thomas and Neil Gorsuch would presumably not be part of this group; Gorsuch joined a concurrence by Justice Thomas stressing barriers to federal court jurisdiction over challenges to detention provisions of the INA.) [read post]
20 Mar 2019, 8:55 am by Amy Howe
In March 2018, Justice Neil Gorsuch joined Justice Clarence Thomas in a dissent from the denial of review in another case asking the justices to overrule Auer; Thomas described the doctrine as “constitutionally suspect” and “on its last gasp. [read post]
20 Mar 2019, 8:05 am by Jennifer Chacon
Alito, joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh, agreed. [read post]
19 Mar 2019, 2:37 pm by Ronald Mann
” The court divides sharply on the question, with Justice Neil Gorsuch (joined by Justices Clarence Thomas and Samuel Alito) dissenting. [read post]
18 Mar 2019, 5:30 pm by Carley Roberts and Mike Le
(This article was originally published by Law360 on March 18, 2019.) [read post]
18 Mar 2019, 2:02 pm by Amy Howe
Justice Neil Gorsuch asked only one question today, while Justice Clarence Thomas was silent. [read post]
18 Mar 2019, 3:52 am by Edith Roberts
” At Law.com, Marcia Coyle reports that “[t]he Tenth Circuit Judicial Council on Friday denied 20 appeals of its earlier dismissal of misconduct complaints against now-Justice Brett Kavanaugh stemming from his nomination and confirmation to the U.S. [read post]
13 Mar 2019, 11:01 am by Victoria Kwan
” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett. [read post]
11 Mar 2019, 9:51 am by Adam Feldman
 Justice Brett Kavanaugh did not participate in five of the cases that have been decided so far, including two of the divided cases. [read post]