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13 May 2020, 6:20 am
Justice Clarence Thomas then asks whether there is any implied congressional power to request private documents. [read post]
13 May 2020, 3:46 am
Sineneng-Smith, “Justice Clarence Thomas suggested that a major First Amendment doctrine should be abandoned, and that the right to free speech be significantly shrunk in the process. [read post]
12 May 2020, 3:23 pm
Answering a question from Justice Clarence Thomas, he stressed that although Congress can seek information relevant to legislation that it might be considering, such information should normally be “forward-looking” or “aggregated information,” rather an effort to “reassemble a precise factual history. [read post]
12 May 2020, 1:24 pm
” You wouldn’t expect an easy resolution of a problem the justices had to hold over for consideration during a second term. [read post]
12 May 2020, 4:05 am
At Dorf on Law, Michael Dorf pushes back against Justice Clarence Thomas’ originalist critique of the First Amendment overbreadth doctrine in a concurrence last week in United States v. [read post]
12 May 2020, 1:00 am
Of the four dissenters, Justices Ginsburg and Kagan joined Justice Sonia Sotomayor’s dissent, which found no evidence a warrant couldn’t have been obtained, or the “exigent circumstances” exception applied, while Justice Neil Gorsuch penned a separate dissent saying he would have dismissed the case. [read post]
11 May 2020, 3:41 pm
For Rassbach, this meant answering questions like the one he received from Justice Clarence Thomas, who pressed him to explain how a court would determine whether an employee performs an important religious function. [read post]
11 May 2020, 3:24 am
For The Wall Street Journal (subscription required), Brent Kendall and Jess Bravin report that Justice Clarence Thomas’ “emergence during the court’s telephonic hearings served notice that he remains an active, if idiosyncratic, participant in the court’s deliberations. [read post]
8 May 2020, 3:43 am
” In an op-ed at The Hill (via How Appealing), Ronnell Andersen Jones and Aaron Nielson suggest that “[t]he Court’s experiment in an untraditional argument format is even more proof that yes, Clarence Thomas has something to say. [read post]
7 May 2020, 1:24 pm
” The Supreme Court did not disagree; Ginsburg noted that “[t]he party presentation principle is supple, not ironclad. [read post]
7 May 2020, 10:04 am
Up next, Justice Clarence Thomas, too, focused on severability. [read post]
6 May 2020, 11:43 am
Justice Clarence Thomas, on the other hand, clearly seemed to be a vote to uphold the exemptions. [read post]
5 May 2020, 10:27 am
Why don’t we accept that argument now if we accepted it before? [read post]
5 May 2020, 7:57 am
Justice Clarence Thomas, who has seldom asked questions at oral argument, came next. [read post]
5 May 2020, 3:54 am
For The Washington Post (subscription required), Robert Barnes reports that “[t]he Supreme Court’s historic first teleconference oral argument went off relatively smoothly …, and its orderly round of questioning by the justices was enough to entice Justice Clarence Thomas, who usually asks no questions at hearings. [read post]
4 May 2020, 7:12 pm
” And online at CNN, Elie Honig has an essay titled “The sky didn’t fall when the Supreme Court went live. [read post]
4 May 2020, 3:31 pm
Don't Fear The Reaper: An interview with the Grim Reaper haunting Florida beaches. [read post]
4 May 2020, 1:29 pm
Next up is the normally reticent Justice Clarence Thomas. [read post]
1 May 2020, 11:46 am
Supreme Court ruled 5–4 that the state of Georgia can't claim copyright over its annotated code. [read post]
29 Apr 2020, 9:01 pm
” As I’ve said elsewhere, the kids aren’t asking for a Cadillac, or even a beat-up Kia. [read post]
