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24 Jun 2007, 8:43 am
After being let down by David Souter and to some degree Anthony Kennedy, the conservatives have finally reaped the benefits of appointing people they like. [read post]
22 Jun 2007, 11:00 am
Added to this foreordained split and potential for disparate sentences is Rita's failure, as David Stras observes, to explain what the presumption of reasonableness means. [read post]
22 Jun 2007, 10:23 am
Basically everyone agrees that the presumption will result in more guidelines sentences in the district courts located in circuits that have adopted the presumption (Souter's dissent says this is bad; Breyer's majority says that it is good). [read post]
21 Jun 2007, 1:09 pm
Souter and the near-dissent of Justice Antonin Scalia, joined by Justice Clarence Thomas. [read post]
18 Jun 2007, 1:50 pm
At Reuters, James Vicini has this article on the decision, "a defeat for California officials"; David Stout reports here in the New York Times; McClatchy's Michael Doyle has this story discussing the ruling, which affirms passengers' constitutional rights to search-and-seizure protections; at Volokh Conspiracy, Orin Kerr weighs in here on the Brendlin decision, stating "Justice Souter's opinion gets it right". [read post]
18 Jun 2007, 9:08 am
In fact, as the dissent by Justice David H. [read post]
18 Jun 2007, 6:18 am
" "Justice David Souter said, 'A traffic stop necessarily curtails the travel a passenger has chosen just as much as it halts the driver.' The American Civil Liberties Union and the NAACP had argued that a ruling in the state's favor would encourage police to conduct arbitrary traffic stops to target passengers, especially minorities, who lack the same rights as drivers. [read post]
15 Jun 2007, 5:37 pm
After briefs were filed, the Court of Appeals granted a motion to dismiss based on lack of jurisdiction when Ohio argued that the appeal was not timely filed, as law required the notice of appeal to be filed within 14 days.Justice David Souter writing for the four dissenters in the case spoke for us when he wrote that "it is intolerable for the judicial system to treat people this way. [read post]
15 Jun 2007, 10:39 am
Those are the words of Justice David Souter, writing for the four dissenters in The Supreme Court's decision Thursday in Bowles v. [read post]