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2 Jun 2016, 5:02 am by David Markus
And when the sole opinion of the day was read from the bench, in a rollicking appeal about when an agency action is reviewable under the Administrative Procedure Act, in United States Army Corps of Engineers v. [read post]
6 Jun 2018, 10:17 am by John Elwood
But Carlos Trevino got the petitioner’s consolation prize: Justice Sonia Sotomayor released a 13-page dissent from the court’s denial of cert in the case, joined by Justice Ruth Bader Ginsburg. [read post]
11 Jul 2019, 9:05 pm by Gordon D. Todd
Surrounded by 5-4 nail-biters, the 3-3-3 split generated by Virginia Uranium v. [read post]
9 Apr 2017, 8:35 am
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
3 Oct 2018, 10:33 am by Mila Sohoni
The justices initially wanted Wall to explain how the government could reconcile its position in this case with its earlier position in United States v. [read post]
26 Feb 2020, 8:25 am by Gabriel Chin
Yesterday the Supreme Court heard argument in United States v. [read post]
4 May 2023, 9:51 pm by Ilya Somin
Kelo was an important decision that drew a massive political backlash (over 80% of the public opposed the ruling, and 45 states enacted eminent domain reform laws in reaction to it) and remains contentious to this day. [read post]
21 Jun 2019, 12:46 pm by Mark Walsh
He announces that Justice Elena Kagan has the dissent, joined by Justices Ruth Bader Ginsbur [read post]
5 Aug 2020, 7:59 am by Mark Rienzi
As in Bostock, the dissenters (this time Justices Sonia Sotomayor and Ruth Bader Ginsburg) did not seem to disagree about many of the key religious liberty points. [read post]
13 Jan 2016, 10:54 am by Steve Vladeck
And given the tenor of yesterday’s oral argument, it is difficult to believe that Duncan v. [read post]