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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]
11 May 2015, 10:16 am by Victoria Kwan
Last month, on April 8, Justice Stephen Breyer gave a Sixtieth Anniversary Marshall Alumni Lecture to a group of current Marshall Scholars in London. [read post]
4 May 2015, 7:09 am by Ilya Shapiro
Chief Justice John Roberts, for the majority (joined by Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor in full, and by Justice Ruth Bader Ginsburg except as to the part saying that strict scrutiny applies) “The Florida Bar faces a demanding task in defending Canon 7C(1) against Yulee’s First Amendment challenge. [read post]
30 Apr 2015, 4:16 pm by Amy Howe
” Justice Stephen Breyer also tried to poke holes in the state’s version of the facts. [read post]
29 Apr 2015, 1:08 pm by Amy Howe
  Although the Court added that “it is the rare case” in which the state can make such a showing, the Chief Justice and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan concluded that the Florida Bar had managed to do so. [read post]
29 Apr 2015, 9:44 am by Tom Smith
And when the liberal chorus of Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor, and Stephen Breyer began spiritedly beating up Michigan’s attorney, as he tried to defend that state’s law that forbids same-sex marriages, Scalia was uncharacteristically quiet. [read post]
23 Apr 2015, 7:07 am by Rory Little
His successor, Justice Sonia Sotomayor, seemed to indicate that she would agree with the government’s “narrower” view (and, indeed, I think Justice Stevens would too, had it been necessary to the question presented in Bryan). [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, 3:15 pm
Several other justices expressed concerns similar to Alito’s, including liberals Stephen Breyer, Elena Kagan, and Sonia Sotomayor, who are not usually sympathetic to constitutional property rights claims. [read post]
22 Apr 2015, 12:11 pm by Rory Little
Interestingly, Justice Sonia Sotomayor did not ask a single question. [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]
20 Apr 2015, 1:29 pm by Amy Howe
This continues through (in order of seniority) Justice Clarence Thomas, Justice Ruth Bader Ginsburg, Justice Stephen Breyer (who sits next to Justice Thomas and often has animated conversations with him), and Justice Sonia Sotomayor, until you get to Justice Elena Kagan, the Court’s junior Justice. [read post]
6 Apr 2015, 10:56 am by Victoria Kwan
Also on March 12, Justice Stephen G. [read post]
3 Apr 2015, 7:44 am by Ronald Mann
” Justice Elena Kagan and Sonia Sotomayor, in contrast, seemed persuaded by Feldman’s point. [read post]
1 Apr 2015, 6:53 am by William Baude
Independent Living Center, the Court’s previous encounter with the question, as well as by Justice Stephen Breyer. [read post]