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26 Sep 2022, 9:00 pm by Barry Winograd
Having been active in the profession, I understand that the legitimacy of those deciding disputes is earned in practice, not by treating it as a given.As Justices Sandra Day O’Connor, Anthony Kennedy, and David Souter wrote in upholding a right to reproductive choice in Planned Parenthood v. [read post]
18 Apr 2012, 9:43 am by lopeznoriega
Si bien el justice en retiro David Souter llegó a decir que las cámaras de televisión ingresarían al Pleno “sobre su cadáver”, existe, al menos, un atisbo de alentadora ambivalencia frente las cámaras por parte de los actuales integrantes de la Corte Suprema: John Roberts: “Mi nuevo mejor amigo, el Senador Thompson, me asegura que no hay nada que temer de las cámaras de televisión”. [read post]
24 Feb 2017, 11:51 am by Mark Walsh
The case in front of Neil Gorsuch presented “an interesting constitutional question,” as he put it. [read post]
11 Jan 2022, 9:01 pm by Sherry F. Colb
Stier clerked for Justice David Souter, practiced law at the firm of Williams & Connolly, and in 2001 started a nonprofit organization called “Partnership for Public Service,” the aim of which was to improve the effectiveness of the federal government. [read post]
31 May 2019, 6:00 am by Guest Blogger
 That is the unambiguous message of the ferocious reaction on the right to Roberts’ decision – disingenuously mischaracterizing and seeking to delegitimate his opinion, excoriating him for “betrayal,” equating him with former center-left Justice David Souter, and generally purporting to excommunicate him from the inner sanctum of “constitutional” – i.e., tribal – conservatives.Never mind that, from his first decisions on the… [read post]
28 Feb 2023, 5:31 am by Ryan Merkley
Justice David Souter wrote that the Court made its decision in part based on whether the new work “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is ‘transformative. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
  Consider, for example, a recent summary offered by Rosalind Dixon and David Landau of what conservatives have described as the “constitution in exile” that is, presumably, being restored by the new majority on the. [read post]
22 Dec 2010, 10:22 pm by legalinformatics
Second, Sotomayor’s opponents advance an antiracialism (where the very mention of race is tantamount to racism), which is central to what scholars like David Theo Goldberg call the hegemonic neoliberal racial project. [read post]
1 Jul 2010, 5:20 pm by carie
Powell and Harry Blackmun (Nixon), David H. [read post]
31 Dec 2011, 1:48 pm by Steve Vladeck
”) In this post, we will address David Cole’s concerns about the relationship between the AUMF detention authority and the laws of war. [read post]
10 Jul 2018, 6:21 pm by Adam Feldman
The discussion over who would fill the Supreme Court vacancy has dominated much of the political conversation since Justice Anthony Kennedy announced his retirement from the Supreme Court on June 27. [read post]
8 Jul 2016, 7:23 am by Ronald Collins
David Souter, for example, has left his papers to the New Hampshire Historical Society in Concord, N.H., not to be opened until fifty years after his death. [read post]
28 Jul 2015, 1:34 pm by Anthony B. Cavender
This is Part I of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: I. [read post]
4 Sep 2009, 2:48 pm
NOTE: The Supreme Court case set for argument on Wednesday, Sept. 9, Citizens United v. [read post]
14 May 2019, 7:29 am by Andrew Hamm
The following is a series of questions prompted by the forthcoming publication of Michael Bobelian’s “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon, and the Forging of the Modern Supreme Court” (Schaffner Press, 2019). [read post]
20 Feb 2008, 1:42 pm
February 20, 2008Re: Clarence Thomas, His Autobiography, And Related Matters Pertaining To America And The Supreme Court. [read post]