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[Today’s second guest post, the sixth in our FTC UMC Rulemaking symposium, comes from Andrew K. [read post]
28 Apr 2022, 8:36 am by Rachel Bayefsky
 In an opinion by Chief Justice John Roberts (joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett), the court held that emotional distress damages are not traditionally available in suits for breach of contract, and so are not recoverable under the spending clause anti-discrimination statutes at issue in Cummings’ suit. [read post]
28 Apr 2022, 8:30 am by Guest Blogger
Rather than a six-justice conservative majority with Chief Justice Roberts or Justice Kavanaugh sitting as the median justice, we (presumptively) would have a Court comprised of four strongly liberal justices, three strongly conservative justices, a moderately conservative justice, and a moderately liberal justice. [read post]
28 Apr 2022, 5:45 am by Matthew L.M. Fletcher
After the conclusion of the argument, an emotional Chief Justice John Roberts fêted Breyer, who is retiring this summer. [read post]
27 Apr 2022, 5:20 pm by Sabrina I. Pacifici
The rest of the pictures rotate in slide shows on video screens…” Library of Congress, Thomas Jefferson Building, 10 First St. [read post]
27 Apr 2022, 11:48 am by Lee Kovarsky
Questioning by the three “median” justices— Chief Justice John Roberts, plus Kavanaugh and Justice Amy Coney Barrett — provided some clues. [read post]
26 Apr 2022, 10:43 pm by Josh Blackman
If he can't, then Justice Thomas would assign the opinion and the vote could be 5-4. [read post]
26 Apr 2022, 2:40 pm by Amy Howe
(Art Lien) Several justices, including Justice Clarence Thomas, focused on the statutory scheme. [read post]
25 Apr 2022, 7:09 am by James Romoser
(Lyle Denniston, Lyle Denniston Law News) Clarence Thomas’ Jurisprudence Is Only Getting More Chaotic (Mark Joseph Stern, Slate) The post The morning read for Monday, April 25 appeared first on SCOTUSblog. [read post]
25 Apr 2022, 4:41 am by Emma Snell
Thomas Gibbons-Neff reports for the New York Times. [read post]
24 Apr 2022, 11:33 pm
They include Judge Lody Jean, Judge Robert Watson, and Judge Mark Blumstein.Here is your current line-up for the judicial races. [read post]
21 Apr 2022, 9:01 pm by Michael C. Dorf
One could readily imagine Justice Clarence Thomas (for whom Judge Mizelle clerked) or any of a number of other like-minded ideologues in robes producing the opinion invalidating the mask mandate.The Mandate and the RulingJust two weeks after President Biden was inaugurated in 2021, the Centers for Disease Control (CDC) issued an order requiring people “to wear masks over the mouth and nose when traveling on any conveyance (e.g., airplanes, trains, subways, buses, taxis, ride-shares,… [read post]
21 Apr 2022, 9:07 am by Eugene Volokh
Justices Thomas, Gorsuch, and Barrett dissented, as did Justice Alito with regard to the content discrimination question. [read post]
21 Apr 2022, 7:30 am by Guest Blogger
For the Balkinization symposium on Daniel Carpenter, Democracy by Petition: Popular Politics in Transformation, 1790–1870 (Harvard University Press, 2021).Daniel Carpenter[1] Is there anything like the petition of lore left in our republic? [read post]
20 Apr 2022, 12:43 pm by Katherine Pompilio
Anderson—who recently wrote a related article for Politico—will sit down to answer your questions on these issues and more, along with two authors of another recent Lawfare piece on the topic: Thomas Berry, a research fellow in the Cato Institute’s Robert A. [read post]