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9 Jan 2024, 12:05 pm
Ct. 2228, 2304–10 (2022) (Kavanaugh, J., concurring). [read post]
27 Apr 2024, 2:40 pm
Justice Kavanaugh appeared to be the Justice who was most interested in this "clear statement" question of statutory interpretation.It's important to understand the nature of Trump's newly-interjected "clear statement" argument. [read post]
21 Dec 2023, 9:02 pm
Indeed, one imagines that Trump’s appointees—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—would be especially uncomfortable about being seen as doing a favor for the man who put them where they are. [read post]
8 Aug 2023, 8:11 pm
Justices Thomas, Alito, Gorsuch, and Kavanaugh would have denied the application for a stay. [read post]
30 Mar 2023, 10:26 pm
The story itself emerged in mid-2017, so I think it safe to say that Justices Kavanaugh, Barrett, and Jackson are not likely sources. [read post]
2 Dec 2022, 9:57 am
In 2018, the court handed a narrow victory to Jack Phillips, a Colorado baker who refused to make a custom cake for a same-sex couple because he believed that doing so would violate his religious beliefs. [read post]
20 Sep 2019, 3:00 am
Inaction on Kavanaugh Allegations Reignites Political Rancor Laredo Morning Times – Seung Min Kim (Washington Post) | Published: 9/16/2019 Days before Brett Kavanaugh was confirmed to the Supreme Court, U.S. [read post]
17 Jul 2023, 8:32 am
Although it was a unanimous judgment, Alito was joined by just four other Justices (Thomas, Gorsuch, Kavanaugh, and Jackson). [read post]
2 Apr 2018, 12:01 pm
And as Jack Balkin noted here shortly after Scalia’s death, there is nothing foreordained about the nature and scope of Scalia’s legacy. [read post]
2 Oct 2023, 5:55 am
Justices Brett Kavanaugh, Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan concurred with the majority as concerned the Sacketts’ property but, pertaining to the question of the CWA’s scope, wrote in favor of Kennedy’s approach in the Rapanos case. [read post]
20 Aug 2012, 8:17 am
The “countermajoritarian difficulty” In an article that Jack Balkin and I wrote several years ago about scholarly citations, we emphasized the importance of inventing a good catchphrase that would itself become a standard citation. [read post]
18 Apr 2024, 6:31 am
Trump cites a law review article by then-Judge Brett Kavanaugh, who before becoming a judge worked in the George W. [read post]
15 Dec 2022, 8:04 am
Kavanaugh’s party-going raises questions about when a justice’s personal relationships cross a line and become problematic. [read post]
13 Jul 2023, 12:06 pm
Nebraska, which struck down President Biden’s effort to cancel student loans under the HEROES Act, bears hallmarks of longstanding tendencies of Chief Justice Roberts’ jurisprudence as well as developments since Justices Gorsuch, Kavanaugh, and Barrett joined the Court. [read post]
28 Jan 2024, 4:48 pm
In explaining his reasons, Justice Kavanaugh expressed rese [read post]
5 Nov 2020, 11:54 am
[1) Loving and Obergefell, 2) Breyer wrestles, 3) Barrett questions, and 4) Alito charges] Elections come and presidents go. [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]
30 May 2017, 8:30 am
This post is the third part of a four-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
15 Jul 2022, 4:00 am
Justice Brett Kavanaugh was dining there but left via a side door as a handful of protesters gathered outside. [read post]
17 Dec 2019, 12:15 pm
In the 19th volume, Jack Rakove, a Pulitzer Prize-winning historian at Stanford, has written “Beyond Belief, Beyond Conscience,” which explores the evolution of religious freedom from the 16th century to the modern era, focusing especially on history, philosophy and political theory. [read post]
