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15 Jun 2023, 12:27 pm
Barrett next rejected the challengers’ anticommandeering arguments. [read post]
15 Jun 2023, 11:07 am
The decision was written by Justice Barrett with all but Justice Thomas and Alito joining her opinion. [read post]
15 Jun 2023, 10:23 am
Here Justice Barrett relied on prior decisions that distinguished impermissible commandeering of state executive and legislative officials from permissible obligations on state judges. [read post]
14 Jun 2023, 6:13 am
Writing for the majority, Justice Amy Coney Barrett noted that, based on the allegations, “the Union executed the strike in a manner designed to compromise the safety of Glacier’s trucks and destroy its concrete. [read post]
11 Jun 2023, 7:22 pm
Third, as then-judge Amy Coney Barrett wrote in her dissent in Kanter v. [read post]
9 Jun 2023, 7:49 am
The two newest justices—Barrett and Jackson –wrote the fewest pages from the October sitting, 13 and 23 respectively. [read post]
9 Jun 2023, 3:22 am
A book review of The Art and Craft of Judgment Writing by Max Barrett (TLDR – I liked it, even if it did take me a year to read it). [read post]
8 Jun 2023, 11:03 pm
In a concurring opinion joined by Chief Justice John Roberts, Justice Amy Coney Barrett insisted that “[c]ourts must tread carefully before concluding that Spending Clause statutes may be enforced through § 1983. [read post]
8 Jun 2023, 9:01 pm
Thus, according to Alabama and Justice Thomas (who was joined in whole by Justice Neil Gorsuch and in part by Justices Samuel Alito and Amy Coney Barrett), there was no racially discriminatory effect.In response to that contention, the majority cited Gingles. [read post]
8 Jun 2023, 6:30 pm
Justice Gorsuch, joined by Justices Thomas and Barrett, also joined with the majority opinion. [read post]
8 Jun 2023, 5:36 pm
Another possible answer is that the Supreme Court is not sure it would uphold the use of Rogers at all if push came to shove even if it punted on the question here (see Justice Kagan's non-flattering language about "whatever you make of Rogers" and Justice Gorsuch's concurrence–joined by Justices Thomas and Barrett–expressing general skepticism about "where the Rogers test comes from" and recommending that lower courts not lose sight of its… [read post]
8 Jun 2023, 11:48 am
He explains the somewhat complicated lineup, which includes dissents from Justice Clarence Thomas (joined by Justice Neil Gorsuch and in part by Justices Amy Coney Barrett and Samuel Alito) and Alito (joined by Gorsuch). [read post]
8 Jun 2023, 10:33 am
” Thomas penned a 48-page dissent that was joined by Justice Neil Gorsuch and joined in part by Justices Samuel Alito and Amy Coney Barrett. [read post]
8 Jun 2023, 9:55 am
Justice Kagan authored the unanimous opinion for the Court, while Justice Sotomayor, joined by Justice Alito, and Justice Gorsuch, joined by Justices Thomas and Barrett, each filed concurring opinions. [read post]
8 Jun 2023, 9:55 am
Justice Kagan authored the unanimous opinion for the Court, while Justice Sotomayor, joined by Justice Alito, and Justice Gorsuch, joined by Justices Thomas and Barrett, each filed concurring opinions. [read post]
8 Jun 2023, 7:06 am
Justice Amy Coney Barrett issued a concurring opinion, in which Chief Justice John G. [read post]
8 Jun 2023, 4:16 am
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Why the Manhattan DA’s Trump Case Cannot Be Removed to Federal Court (Josh Blackman & Seth Barrett Tillman, LAWFARE: HARD NATIONAL SECURITY CHOICES 1–3... [read post]
7 Jun 2023, 3:48 pm
Rappaport (57 Wake Forest Law Review 1283 (2023)) Capital Regulation as Climate Policy by Joel Michaels (59 Idaho Law Review forthcoming) Offices and Officers of the Constitution, Part III: The Appointments, Impeachment, Commissions, and Oath or Affirmation Clauses by Seth Barrett Tillman & Josh Blackman (62 South Texas Law Review forthcoming) Separation of Structures by Alex Zhang (Virginia Law Review forthcoming) The Fall of FDA Review by Daniel G. [read post]
7 Jun 2023, 1:35 pm
Justice Amy Coney Barrett also racked up the frequent-flyer miles. [read post]
7 Jun 2023, 4:25 am
The Seventh Circuit panel split 2-1 with Barrett in dissent. [read post]
