Search for: "IN THE MATTER OF STEPHEN ANTHONY POWER" Results 121 - 140 of 250
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15 Dec 2015, 12:52 pm by Erin Morrow Hawley
” The Court relied on an essay written by then-Judge Stephen Breyer urging courts to distinguish between “major questions,” on which Congress is likely to have focused, and “interstitial matters. [read post]
8 Dec 2015, 7:22 pm by Ed Gehres
Kneedler eventually broke free of the exchange to answer a question about why Congress has the power to allow non-Indian civil matters to be resolved in tribal courts rather than Article III courts – because Congress has never expressly subtracted this power from the pre-existing inherent sovereign power of tribes. [read post]
5 Nov 2015, 7:29 am by Howard M. Wasserman
Kimberly encountered several Justices seemingly interested in narrowing the power of the single judge even more sharply than Kimberly was urging. [read post]
8 Jul 2015, 11:17 am by Lisa A. Mazzie
The divide in the Court, too, was not unexpected: Justice Anthony Kennedy wrote the majority opinion for himself, Justice Stephen Breyer, Justice Ruth Bader Ginsburg, Justice Elena Kagan, and Justice Sonia Sotomayor. [read post]
30 Jun 2015, 12:37 pm by Amy Howe
Justice Ruth Bader Ginsburg wrote the Court’s opinion, which was joined by Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
29 Jun 2015, 12:44 pm by Mark Walsh
Alito wrap up with the lineup: Roberts, Scalia, Justices Anthony M. [read post]
25 Jun 2015, 9:01 am by Amy Howe
Chief Justice John Roberts wrote the Court’s opinion, which Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan all joined. [read post]
9 Jun 2015, 12:39 pm by Alan Morrison
Justice Anthony Kennedy’s opinion, in which Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined, concluded that (a) the president has the exclusive power to recognize foreign governments, (b) the power of recognition extends beyond the formal designation to include statements mandated by Congress that would be inconsistent with the official recognition, and (c) Congress has no power, by statute, to interfere with… [read post]
8 Jun 2015, 9:50 am by Mark Walsh
“Recognition is a matter on which the Nation must speak with one voice,” Justice Kennedy says. [read post]
27 May 2015, 11:27 am by Ronald Mann
{Apologies to Douglas Baird and Anthony Casey for theft of their reasoning on that subject.} [read post]
19 May 2015, 7:20 am by Bradley Joondeph
By a vote of five to four, an ideologically diverse majority (consisting of Chief Justice John Roberts and Justices Anthony Kennedy, Stephen Breyer, Samuel Alito, and Sonia Sotomayor) concluded that Maryland’s scheme violated the dormant Commerce Clause because it discriminated against interstate commerce. [read post]
23 Apr 2015, 6:34 am by Howard M. Wasserman
Affirming in both cases, Justice Elena Kagan wrote for a five-Justice majority that included Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. [read post]
22 Apr 2015, 9:25 am by Jim Rossi
According to the majority opinion, written by Justice Stephen Breyer and joined by five other Justices, the NGA “was drawn with meticulous regard for the continued exercise of state power, not to handicap it or dilute it in any way. [read post]
13 Mar 2015, 6:20 am by Jim Sedor
“I am happy for anyone to recognize campaign finance; this might be even better than Stephen Colbert,” said Weintraub. [read post]
25 Feb 2015, 7:23 am by Richard M. Re
”) But while Justice Anthony Kennedy and others exhibited some interest in the source of the “equitable” power to make third-party transfers, nobody seemed skeptical that the power existed. [read post]