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2 Jul 2021, 12:14 pm by Jonathan H. Adler
Justice Thomas and Justice Gorsuch suggested that the Supreme Court should revisit the landmark ruling in New York Times v. [read post]
2 Jul 2021, 8:19 am by Eugene Volokh
What the views of Professor Kagan in 1993 tell us about the views of Justice Kagan in 2021 is hard to tell; and of course Justice Kagan hasn't joined Justice Thomas's and Gorsuch's suggestions that Sullivan should be reconsidered. [read post]
2 Jul 2021, 7:58 am by Eugene Volokh
Lawson, Justice Thomas repeated his past criticisms of New York Times v. [read post]
1 Jul 2021, 2:09 pm by Josh Blackman
Justice Thomas would have used strict scrutiny to review the California disclosure act. [read post]
1 Jul 2021, 10:40 am by Jonathan H. Adler
Two justices (Thomas and the Chief, the two senior-most justices) had seven majorities. [read post]
1 Jul 2021, 9:43 am by Eugene Volokh
The majority (Chief Justice Roberts, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett) reasoned: [1.] [read post]
30 Jun 2021, 3:19 pm by Josh Blackman
Justice Gorsuch wrote one dissent, which was joined by Justice Thomas. [read post]
30 Jun 2021, 11:05 am by Keith E. Whittington
The bill could make it unlawful for instructors to assign their students to read certain writings of Thomas Jefferson or Abraham Lincoln, to read works of literature by Mark Twain or William Faulkner. [read post]
30 Jun 2021, 8:38 am by Eugene Volokh
[So holds a Fifth Circuit panel (by a 2-to-1 vote), in an assignment requiring the writing of the Pledge of Allegiance, but the same argument would apply, I think, to compelled statements of other ideologies, whether related to patriotism, race, sex, sexual orientation, or anything else.] [read post]
29 Jun 2021, 9:37 pm by Josh Blackman
It is now necessary for the Court to appoint a successor special prosecutor and I appoint Attorney Thomas G. [read post]
29 Jun 2021, 4:46 pm by Josh Blackman
Justices Thomas, Alito, Gorsuch, and Barrett would have granted the application. [read post]
29 Jun 2021, 4:26 pm by Ilya Somin
But it's notable that four conservative justices (Thomas, Alito, Gorsuch, and Barrett) indicated they  wanted to grant the application to vacate the stay. [read post]
29 Jun 2021, 4:02 pm by Jonathan H. Adler
Only four justices voted to grant the application to lift the stay: Justices Thomas, Alito, Gorsuch and Barrett would have lifted the stay. [read post]
29 Jun 2021, 3:30 pm by Kathryn Rubino
The Justice Known For Keeping Quiet Is Silent No More: Not when it comes to marijuana, at least. [read post]