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18 Dec 2017, 11:34 am by Amy Howe
However, five justices – Justice Samuel Alito, whose opinion for the court was joined by Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas – suggested that they might be willing to reconsider Abood. [read post]
18 Dec 2017, 6:00 am by Josh Blackman
In Part I of this series, I concluded that the “president cannot obstruct justice when he exercises his lawful authority that is vested by Article II of the Constitution. [read post]
16 Dec 2017, 5:48 am by Steve Lubet
On this day in 1859, the Commonwealth of Virginia executed Shields Green and John Anthony Copeland, two black men who had joined John Brown’s fateful attempt to free the slaves of the southern states. [read post]
12 Dec 2017, 10:00 am by Peter Margulies
The substance and tone of the Dec. 8 Fourth Circuit en banc argument in International Refugee Assistance Project (IRAP) v. [read post]
11 Dec 2017, 3:00 am by Garrett Hinck
Stephen Hadley, Christine Wormuth and John Bellinger will testify. [read post]
8 Dec 2017, 9:03 am by Rebecca Tushnet
Town of Gilbert: Supreme Court announced a stringent rule applying strict scrutiny for content-based distinctions and exceptions: there has to be a compelling government interest justifying the regulation and any exceptions also have to meet stringent tests—overbreadth will get the law struck down, but so will exceptions that indicate that the law isn’t targeting enough of the issueConsider a biography of a literary figure that includes a number of quotes from her writings that qualify… [read post]
7 Dec 2017, 1:50 pm by Susan C. Morse
This hypothetical thus nicely illustrates the “upcharge” problem that the taxpayer and his amici emphasized in their briefs and about which several justices, including Justices Ruth Bader Ginsburg and Anthony Kennedy and Chief Justice John Roberts, expressed concern. [read post]
7 Dec 2017, 8:50 am by Charlotte Garden
” This response prompted some puzzlement from Chief Justice John Roberts and Justice Anthony Kennedy, both of whom suggested that it would at least be unusual for Congress to have used fee apportionment as a way of punishing serious violations of plaintiffs’ civil rights. [read post]
6 Dec 2017, 4:19 am by Edith Roberts
At Bloomberg,  Greg Stohr reports that “[p]ivotal Justice Anthony Kennedy sent mixed messages” during the “spirited” argument. [read post]