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21 Jun 2019, 5:59 am
Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan and Brett Kavanaugh joined the parts of that opinion that focused on the facts and circumstances surrounding the Bladensburg Cross. [read post]
20 Jun 2019, 9:05 pm
Justice Brett Kavanaugh did not participate in the decision. [read post]
20 Jun 2019, 7:32 pm
He argued that SORNA does not involve filling up the details or “deciding the factual predicates to a rule set forth by statute”; nor does it involve an area of “overlapping” inherent Article II authority, such as the field of foreign affairs. [read post]
20 Jun 2019, 3:06 pm
It does not mean “peace. [read post]
20 Jun 2019, 2:54 pm
But she does not mention from the bench that Justice Brett Kavanaugh, who had not yet been confirmed when the court heard arguments, took no part in the consideration or decision of the case. [read post]
20 Jun 2019, 10:49 am
Nor does it impose any time limit. [read post]
20 Jun 2019, 10:28 am
Gorsuch, Brett M. [read post]
20 Jun 2019, 9:05 am
” Justice Brett Kavanaugh also joined all of Alito’s opinion but had a separate concurring opinion. [read post]
20 Jun 2019, 2:00 am
For all these reasons, the Cross does not offend the Constitution. [read post]
19 Jun 2019, 4:07 am
United States, in which the court reaffirmed precedent holding that prosecution of the same conduct by separate sovereigns, such as a state and the federal government, does not violate the Constitution’s double jeopardy clause. [read post]
17 Jun 2019, 3:09 pm
Justice Brett Kavanaugh wrote for the majority, in an opinion that was joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Neil Gorsuch. [read post]
17 Jun 2019, 9:23 am
Justice Samuel Alito dissented, in an opinion that was joined by Chief Justice John Roberts and Justices Stephen Breyer and Brett Kavanaugh. [read post]
17 Jun 2019, 3:35 am
At SCOTUS OA, law student Sydney Black maintains that “[a] quantitative analysis of [Justice Brett] Kavanaugh’s voting patterns, cross-referencing behavior, and oral argument questioning suggests that Kavanaugh’s claim to be an originalist is quite dubious. [read post]
15 Jun 2019, 8:00 am
The posts of Ann Southworth, Sandy Levinson, Steve Griffin in particular do the book the great justice of describing it accurately, and underlining precisely what it aspires to do, and does. [read post]
14 Jun 2019, 2:18 pm
Two seminal events have occurred in recent days in the ongoing oversight war between the House of Representatives and the Trump administration—and in the ongoing expansion of the doctrine of executive privilege. [read post]
14 Jun 2019, 11:31 am
Surprisingly though, Kavanaugh still has higher agreement rates with Breyer and Kagan than he does with his fellow Trump nominee Gorsuch. [read post]
10 Jun 2019, 4:05 pm
” “The possibility of a violent confrontation does not depend on the exact moment” that criminal intent is formed, and “we should not lightly conclude that Congress enacted a self-defeating statute. [read post]
10 Jun 2019, 3:47 pm
SPEAKING OF BRETT KAVANAUGH: He hires women. [read post]
10 Jun 2019, 1:40 pm
Chief Justice John Roberts announces that Justice Brett Kavanaugh has the opinion for the court in Quarles v. [read post]
10 Jun 2019, 12:47 pm
And even with Justice Brett Kavanaugh recusing, it’s quite hard to see where five votes for al-Alwi would come from. [read post]
