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22 Jun 2019, 3:38 am
In dissent, Justice Clarence Thomas snarked back at this use of Batson. [read post]
21 Jun 2019, 4:16 pm
But he doesn’t actually know that he is not still a student. [read post]
21 Jun 2019, 12:46 pm
At the oral argument, Kavanaugh observed that “we can’t take the history out of the case. [read post]
21 Jun 2019, 12:19 pm
While Sections II-A and II-D of Alito’s opinion were only joined by Chief Justice John Roberts, Justice Stephen Breyer, and Kavanaugh, the refusal of Justices Neil Gorsuch and Clarence Thomas to join them was likely not due to disagreement with the outcome they would produce, but rather because they didn’t go far enough toward an originalist approach that would itself eliminate Lemon. [read post]
21 Jun 2019, 10:42 am
” Justice Clarence Thomas dissented, in an opinion that was joined in part by Justice Neil Gorsuch. [read post]
21 Jun 2019, 9:54 am
But he doesn’t. [read post]
21 Jun 2019, 8:27 am
Gorsuch had it right: “what matters when it comes to assessing a monument, symbol, or practice isn’t its age, but its compliance with ageless principles. [read post]
20 Jun 2019, 7:32 pm
Justice Neil Gorsuch’s dissent was joined by Chief Justice John Roberts and Justice Clarence Thomas. [read post]
20 Jun 2019, 2:54 pm
Justice Neil Gorsuch has filed a dissenting opinion, joined by the chief justice and Justice Clarence Thomas, she notes. [read post]
20 Jun 2019, 10:49 am
Unfortunately, Justice Kagan and her colleagues don't seem to recognize the danger. [read post]
20 Jun 2019, 9:05 am
” At the same time, Kavanaugh continued, the fact that the Supreme Court has allowed the cross to stand doesn’t mean that the plaintiffs can’t pursue other options to have the cross taken down. [read post]
19 Jun 2019, 3:02 am
” [Eugene Volokh] 77-year-old antitrust consent decrees were designed for a music business that long since faded into history, DOJ’s decision to reconsider is welcome [Federalist Society podcast with Kristen Osenga and Mark Schultz, Osenga blog post] Clarence Darrow once boasted a cult following among American lawyers. [read post]
17 Jun 2019, 3:09 pm
Justice Brett Kavanaugh wrote for the majority, in an opinion that was joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Neil Gorsuch. [read post]
17 Jun 2019, 2:04 pm
Justice Samuel Alito wrote the majority opinion, which was joined by Chief Justice John Roberts and Justices Clarence Thomas, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Brett Kavanaugh. [read post]
17 Jun 2019, 12:45 pm
Sotomayor has a snappy opening to her dissent, but she doesn’t read it from the bench. [read post]
15 Jun 2019, 8:00 am
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
13 Jun 2019, 4:05 pm
Justice Clarence Thomas taught at three different law schools – Kansas, George Washington University and Georgia – in 2018, earning $28,000. [read post]
13 Jun 2019, 2:00 am
Justice Clarence Thomas wrote on behalf of the majority. [read post]
12 Jun 2019, 7:26 am
Justice Stevens: No I didn’t, I definitely didn’t. [read post]
11 Jun 2019, 2:47 pm
The Clarence Thomas African-American History Museum Exhibit Controversy: You shouldn't be surprised. [read post]