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23 Oct 2018, 8:10 am by Ilya Somin
Much the same story can be told about the women's rights movement, same-sex marriage and other similar examples. [read post]
22 Apr 2025, 2:45 pm
Justice Clarence Thomas asked Eric Baxter – who argued on behalf of the parents – whether the LGBTQ-themed storybooks were merely present in the classroom, or instead actively used as part of the curriculum. [read post]
14 Mar 2022, 4:30 am by Eric Segall
The answer should be no.Justice Thomas is fond of arguing that the Constitution does not speak to legacy status or to athletic or musical ability but that it does speak to race. [read post]
18 Apr 2022, 4:30 am by Michael C. Dorf
Nor does he explain how an admonition against literal disparagement (e.g., judges can't say "there should be no right to same-sex marriage in a state statute" because that would "disparage" rights protected by another source) would be consistent with the First Amendment. [read post]
31 Mar 2025, 6:30 am by Guest Blogger
Justice Thomas has embraced this strategy in the case of anti-miscegenation laws. [read post]
11 Aug 2024, 12:25 pm by Josh Blackman
As Justice Thomas often repeats, we will come to regret crippling the last independent branch of government. [read post]
14 Jun 2013, 8:22 am by Tejinder Singh
This week’s headline decision is Justice Thomas’s opinion for a unanimous Court in Association for Molecular Pathology v. [read post]
11 Feb 2018, 9:01 pm by Neil Cahn
In an order dated June 23, 2015, the Westchester Acting Surrogate Thomas E. [read post]
29 Jun 2013, 7:25 am by Kedar Bhatia
Windsor, the landmark same-sex marriage ruling. [read post]
31 Jul 2023, 4:47 pm by INFORRM
Gorsuch J for the Court (Roberts CJ, and Thomas, Alito, Kavanaugh and Barrett JJ concurring) held that the First Amendment prohibits Colorado from forcing the appellant, a designer who intended to produce customized and tailored wedding websites, to create expressive designs conveying messages with which she disagrees, such as for for same-sex marriage. [read post]
8 Jul 2023, 8:32 am by David Post
Reasonable observers can understand that the Company might express negative views about such marriages while complying with its legal obligation to serve such customers. [read post]
14 Aug 2010, 5:17 pm by Rick
Same-sex marriages have a long history. [read post]
1 Feb 2022, 7:30 am by Amy Howe
As Ann Marimow and Aaron Davis reported for The Washington Post, while Jackson was working as a public defender she received a request for help from her distant uncle, Thomas Brown, who was serving a life sentence on federal drug charges. [read post]
3 Aug 2014, 11:34 am by Law Lady
ROLISON, Appellee. 1st District.Dissolution of marriage -- Contempt -- Failure to pay alimony -- Amended written order finding former husband in contempt for failure to pay alimony was inconsistent with trial court's oral ruling denying motion for contempt -- Remand for trial court to make findings in accordance with procedure set forth in Bowen v. [read post]
17 Nov 2022, 6:30 am by Guest Blogger
(Here I distinguish the preservative conservativism of Justices Harlan, the early Blackmun, Powell, O’Connor, Kennedy, and Souter from the counter-revolutionary or movement conservatism of Justices Scalia, Thomas, and Alito.) [read post]
28 Jun 2018, 8:13 am by Jonathan H. Adler
If Justice Kennedy wanted to recognize same-sex marriage or preclude the use of the death penalty for those convicted of non-lethal crimes, the liberals would agree. [read post]
25 Jun 2015, 3:33 pm
Finally, and assuming, arguendo, that the marriage was a sham but the petitioner was nevertheless the surviving spouse for inheritance purposes under New York Law (see Bennett v. [read post]