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26 Jun 2020, 3:47 am
” Nina Totenberg reports at NPR that “[t]he vote was 7-2, but [Justice Samuel] Alito’s opinion was joined only by the court’s four other conservatives — Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh[; t]wo of the court’s liberal justices — Stephen Breyer and Ruth Bader Ginsburg –agreed that Thuraissigiam’s removal order was proper but said that the opinion’s reasoning… [read post]
24 Jun 2020, 9:50 am
That’s because there aren’t any. [read post]
24 Jun 2020, 8:34 am
Justice Clarence Thomas recently dissented from the denial of certiorari in a case involving qualified immunity, raising his “strong doubts” about the doctrine as it relates to actions brought against officers acting under the color of state law. [read post]
23 Jun 2020, 7:30 am
As I see it, advocates of the "narrow view" have been gaining ground, though we certainly haven't won anything like a definitive "victory. [read post]
23 Jun 2020, 6:02 am
“What—she can’t possibly be right! [read post]
23 Jun 2020, 3:56 am
” At Bloomberg Law, Ellen Gilmer reports that “[t]he U.S. [read post]
22 Jun 2020, 12:30 pm
Justice Sonia Sotomayor wrote for a nearly unanimous bench, joined by all except Justice Clarence Thomas, who would have held disgorgement wholly unavailable because, in his view, “disgorgement is not a traditional equitable remedy. [read post]
22 Jun 2020, 10:25 am
Justice Clarence Thomas dissented from the court’s decision to deny review. [read post]
22 Jun 2020, 3:52 am
” Ilya Shapiro writes at The Federalist that the decision “set a precedent that one president’s executive action can’t be rescinded by the next president unless he jumps through hoops that his predecessor didn’t have to[; t]hat’s a recipe for ever‐expanding federal and executive power, to the detriment of our constitutional system of government. [read post]
19 Jun 2020, 10:32 am
(Others joined Judge Gregg’s opinion, didn’t participate, or didn’t weigh in.)Was Justice Gorsuch’s approach in Bostock right? [read post]
18 Jun 2020, 2:12 pm
Justice Clarence Thomas, joined by Justices Samuel Alito and Neil Gorsuch, wrote a stinging dissent on the APA issue, asserting that DACA was illegal from the start. [read post]
18 Jun 2020, 12:10 pm
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissented. [read post]
18 Jun 2020, 11:29 am
Chief Justice Roberts... said the administration may try again to provide adequate reasons for shutting down the program....In a dissent, Justice Clarence Thomas, joined by Justices Samuel A. [read post]
18 Jun 2020, 10:46 am
In the lead dissent, Justice Clarence Thomas, joined by Alito and Gorsuch, argues that DACA was illegal, and that provides sufficient justification for rescission. [read post]
18 Jun 2020, 9:44 am
In effect, the administration was claiming that it didn’t necessarily want to end DACA, but that it had to because the courts had said the program was illegal. [read post]
17 Jun 2020, 11:36 am
The dissent insisted that the trail can’t be divorced from the land it occupies. [read post]
16 Jun 2020, 10:42 am
Justices Clarence Thomas and Samuel Alito indicated that they wished the Court to take the California case. [read post]
16 Jun 2020, 4:23 am
Justices Samuel Alito, Brett Kavanaugh, and Clarence Thomas dissented. [read post]
15 Jun 2020, 1:48 pm
” Justice Samuel Alito dissented from the ruling, in an opinion joined by Justices Clarence Thomas and Neil Gorsuch. [read post]
15 Jun 2020, 9:28 am
” Justice Samuel Alito filed a sharp dissent that was joined by Justice Clarence Thomas. [read post]
