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20 Jan 2015, 12:06 pm
The issue before the Supreme Court was whether that was permissible, or whether the Federal Circuit had impermissibly set aside the District Court's findings of fact without the requisite finding of clear error on the part of the District Court (in violation of Federal Rule of Civil Procedure 52(a)(6), for what it is worth).Justice Breyer gave the Opinion of the Court with which Roberts, Scalia, Kennedy, Ginsburg, Sotomayor and Kagan joined; Justice Thomas filed a… [read post]
4 Jun 2018, 11:07 am
Justice Thomas filed a opinion concurring in part, joined by Justice Gorsuch.Justice Ginsburg, joined by Justice Sotomayor, filed a dissenting opinion arguing that there was not sufficient evidence of unfair hostility by the Commission to the baker's religious beliefs.Politico reports on the decision, as does SCOTUSblog. [read post]
2 Apr 2016, 7:30 am
’ ”(The position taken by Scalia, Kennedy, Thomas, and Alito cuts even more strongly in favor of the states.)The subject here is the power of conditional spending. [read post]
17 Jun 2014, 3:36 pm
Justice Sotomayor dissented joined by Justice Breyer in full and Justice Thomas except as to footnote 3. [read post]
24 Jun 2013, 10:16 am
” Justice Alito wrote the opinion for the majority, which consisted of justices Alito, Roberts, Scalia, Thomas and Kennedy. [read post]
23 Jul 2014, 7:44 am
Circuit's reading of the statute contradicts the description of the exchanges by Justices Scalia, Kennedy, Thomas and Alito in the ACA Joint Dissent, which assumed the validity of the federal-exchange subsidies and understood that the statutory scheme depends on them.Further on the health law academic front, Tim Jost has a post on the Health Affairs blog analyzing the opinion, as does Nicole Huberfeld at HealthLawProfBlog, and Nick Bagley at… [read post]
19 May 2014, 4:23 am
In 2006, for instance, Justice Anthony Kennedy stated as simple fact in eBay v. [read post]
22 Jan 2019, 2:41 pm
Supreme Court denied certiorari in Kennedy v. [read post]
1 Jul 2013, 1:24 pm
Here is the case in a nutshell, taken from the majority opinion written by Justice Alito (joined by Chief Justice Roberts and Justices Scalia, Kennedy, and Thomas): In this case, we decide a question left open in Burlington Industries, Inc. v. [read post]
20 Apr 2016, 11:24 am
Justice Scalia’s majority opinion was joined by the Chief Justice and Justices Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan. [read post]
2 Feb 2017, 9:37 am
Today, four of the eight sitting justices are 68 or older (Clarence Thomas is 68, Stephen Breyer is 78, Anthony Kennedy is 80, and Ruth Bader Ginsburg is 83). [read post]
13 Nov 2015, 12:10 pm
Justice Anthony Kennedy co-authored the controlling opinion in Casey, and I would expect him to hold fast to his understanding of what Casey means. [read post]
1 Jul 2014, 7:46 am
Justices Kennedy, Ginsburg, Sotomayor, and Kagan joined the opinion of the Court. [read post]
17 Jun 2013, 11:00 pm
Justice Scalia, DOM's great friend to the defense joined Justice Thomas in concurring in the result, giving the plurality opinion of Roberts, Alito and Kennedy the gravitas of law. [read post]
12 Jun 2017, 6:18 am
But seven of the eight justices – Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts and Thomas – reported that they had no liabilities at all, while the eighth – Sotomayor – listed only one liability, a mortgage on a rental property in New York.But they have a lot of investments. [read post]
30 Apr 2019, 6:30 am
Kennedy, New York Supreme Court Civil Branch & Immediate Past President of the National Association of Women Judges • Judge Yvonne Gonzalez Rogers, U.S. [read post]
11 May 2017, 2:07 pm
Justice Thomas filed a dissenting opinion. [read post]
29 Jan 2016, 2:30 am
” Justice Kennedy likes to begin sentences with “though” and “the question is. [read post]
25 Apr 2022, 6:45 am
The four finalists, in two-person teams, argued the school prayer case, Kennedy v. [read post]
20 Nov 2013, 8:10 am
., and Clarence Thomas. [read post]
