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11 Mar 2019, 11:29 am
In an earlier proceeding in the Supreme Court that resulted in a stay of a district court order compelling Ross’s deposition, Justice Neil Gorsuch, joined by Justices Clarence Thomas and Samuel Alito, dismissed this gap between the Ross memo and expert judgment as a garden-variety dispute between a senior official and his staff. [read post]
11 Mar 2019, 9:51 am
Although we very well might see some of these early trends shift later in the term, they provide a sense that, at least so far, some of the justices’ decisions, and more importantly their alignments, weren’t exactly as many expected them to be. [read post]
8 Mar 2019, 8:32 am
The court typically doesn’t relist cases until the Monday before the next conference, which won’t occur until March 15. [read post]
7 Mar 2019, 4:12 am
American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property, observing that “[t]he Establishment Clause jurisprudence on questions such as the mandatory prayer readings and the display of religious monuments is inconsistent and unpredictable, but the justices themselves are not. [read post]
5 Mar 2019, 11:33 am
” The Supreme Court majority didn’t see it that way, invalidating the measure 5-3 as an “undue burden” on abortion access. [read post]
4 Mar 2019, 3:25 pm
(Railroads and their employees don’t pay FICA taxes to fund Social Security, and lifelong railroad workers don’t receive Social Security benefits in old age.) [read post]
28 Feb 2019, 4:08 am
It’s not that there couldn’t have been appealable issues behind his waiver, but that there appears to be nothing. [read post]
27 Feb 2019, 7:37 pm
Amant holding that there’s no duty to do due diligence if you don’t suspect anything is wrong is a likely place to start cutting back. [read post]
27 Feb 2019, 2:46 pm
” … [T]he historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is overwhelming. [read post]
27 Feb 2019, 10:17 am
Justice Samuel Alito wrote a dissenting opinion that was joined by Justices Clarence Thomas and Neil Gorsuch; Justice Brett Kavanaugh did not participate in the case, which was argued before he joined the court. [read post]
25 Feb 2019, 4:52 pm
Justice Clarence Thomas has just called for a reconsideration of the landmark 1964 case of The New York Times v. [read post]
25 Feb 2019, 3:00 pm
Kevin Thompson, a Black teenager, was unlawfully jailed for five days because he couldn’t afford to pay more than $800 to a court that sought to raise revenue for DeKalb County, Georgia. [read post]
25 Feb 2019, 12:31 pm
After roughly an hour of debate, there was no clear winner in the case: The justices who spoke appeared to be divided, and two justices – Clarence Thomas and Neil Gorsuch – asked no questions at all. [read post]
25 Feb 2019, 6:35 am
Here are our leading legal headlines for the week of February 25, 2019 from Wise Law on Twitter: Jury finds Christopher Husbands guilty of two counts of manslaughter in Eaton Centre mass shootingMichael Cohen won't have to report to prison until May, judge rulesCRTC report confirms some Canadian telecom companies use misleading sales tacticsSpeaker condemns 'racial profiling' of black visitors to Parliament Hill Justice Clarence Thomas Calls for… [read post]
25 Feb 2019, 5:39 am
His bond was set at an "exceedingly reasonable" $1 million, but he's already spent some time in jail because he couldn't come up with the $100,000 bail needed to leave. [read post]
25 Feb 2019, 3:44 am
” At Balkinization, Marty Lederman looks at Justice Clarence Thomas’ concurrence in the court’s denial of cert last week in defamation case McKee v. [read post]
21 Feb 2019, 4:20 am
At Bloomberg, Greg Stohr reports that “[t]he ruling limits what critics say is an increasingly common and abusive government practice of using fines and forfeitures to raise revenue. [read post]
20 Feb 2019, 9:22 am
Justice Clarence Thomas agreed that the ban on excessive fines applies to the states, but he would have reached that result in a different way. [read post]
20 Feb 2019, 8:20 am
Justice Clarence Thomas and Neil Gorsuch agreed with the main ruling, but they said the 14th Amendment’s Privileges or Immunities Clause was the controlling factor in the case. [read post]
20 Feb 2019, 5:45 am
But it's only Clarence Thomas. [read post]
