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5 Jul 2018, 4:22 am by Josh Blackman
If, however, the regulations cannot be repealed unilaterally—for example, if the rescission may be subject to judicial review pursuant to the Administrative Procedure Act (APA)—then under Justice Antonin Scalia’s Morrison v. [read post]
4 Jul 2018, 11:40 am by Amy Howe
Circuit, from 1997-1998 then with the late Justice Antonin Scalia, from 1998-1999. [read post]
3 Jul 2018, 1:15 pm
Not all judges are like this; Justice Antonin Scalia was always absolutely certain about his views when speaking to students (or to anyone else, for that matter). [read post]
3 Jul 2018, 12:51 pm by Adam Feldman
Of the remaining judges, Barrett clerked for Justice Antonin Scalia, Hardiman did not clerk and Thapar’s highest-level clerkship was for Judge Nathaniel Jones on the 6th Circuit. [read post]
3 Jul 2018, 9:56 am by Andrew Hamm
President Barack Obama nominated Merrick Garland on March 16, 2016, 32 days after Scalia died. [read post]
3 Jul 2018, 5:32 am by Andrew Hamm
” Rick Hasen claims at Slate that “I fully expect issues from voting rights to campaign finance to get far worse when President Trump appoints Kennedy’s successor in the mold of Justice Antonin Scalia. [read post]
2 Jul 2018, 10:31 pm by Anthony Gaughan
The late Justice Antonin Scalia would likely have said that the critics have missed the larger issue. [read post]
2 Jul 2018, 10:31 pm by Anthony Gaughan
The late Justice Antonin Scalia would likely have said that the critics have missed the larger issue. [read post]
2 Jul 2018, 11:38 am by Erwin Chemerinsky
Entertainment Merchants, Kennedy joined Justice Antonin Scalia’s majority opinion to declare unconstitutional a state law that prohibited selling or renting violent video games to minors under 18 years old. [read post]
2 Jul 2018, 10:19 am by Stephen Wermiel
The papers of the late Justice Antonin Scalia, who died in February 2016, have been donated to Harvard University and are closed. [read post]
2 Jul 2018, 8:27 am by Carol Steiker and Jordan Steiker
Stevens also noted in a footnote that there was “additional evidence” of “a much broader social and professional consensus” in the views of expert organizations, representatives of diverse religious communities, the world community and the general public as reflected in polling data — a footnote upon which Justice Antonin Scalia bestowed a sarcastic “Prize for the Court’s Most Feeble Effort to fabricate ‘national consensus. [read post]
2 Jul 2018, 6:55 am by Amy Howe
When President Donald Trump was searching for a nominee in 2017 to fill the vacancy created by the 2016 death of Antonin Scalia, he reportedly narrowed the field to two candidates: then-Judge Neil Gorsuch, of the U.S. [read post]
29 Jun 2018, 1:14 pm by CrimProf BlogEditor
Lerner (George Mason University - Antonin Scalia Law School, Faculty) has posted Originalism and the Common Law Infancy Defense (American University Law Review, Vol. 67) on SSRN. [read post]
29 Jun 2018, 12:31 pm by Theodore Shaw
Although he joined the judgment against the school districts, Kennedy did not join Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito in their strictly narrow application of the 14th Amendment. [read post]
29 Jun 2018, 11:53 am by Edith Roberts
Of all the names on President Donald Trump’s list of potential Supreme Court nominees, Don Willett’s may be the best known outside rarefied legal circles. [read post]
29 Jun 2018, 9:05 am by Daniel Hemel
By contrast, Justice Antonin Scalia called the dormant commerce clause “a judicial fraud”; Justice Clarence Thomas said that the doctrine should be discarded; Justice Neil Gorsuch has suggested that he might agree with Thomas; and Justice Samuel Alito has indicated that he too may have dormant commerce clause doubts. [read post]
29 Jun 2018, 6:00 am by Kedar Bhatia
In OT08, Justice John Paul Stevens had an agreement rate below 50 percent with Justices Antonin Scalia, Thomas and Alito. [read post]
28 Jun 2018, 2:48 pm by Edith Roberts
Perhaps because of his years of executive-branch experience, Kavanaugh generally brings a pragmatic approach to judging, although his judicial philosophy is conservative, and he has applied principles of textualism and originalism espoused by the late Justice Antonin Scalia. [read post]
28 Jun 2018, 2:02 pm by Paul Smith
As Justice Antonin Scalia noted in his fiery dissent, once the court made those two moves, it was hard to see a constitutional stopping point short of marriage equality. [read post]
28 Jun 2018, 10:25 am by Sionaidh Douglas-Scott
In these (and other) decisions, Justice Kennedy appeared to adopt a vision of a living Constitution, one evolving with societal changes, a view very much in contrast to those of originalists such as the late Justice Antonin Scalia. [read post]