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21 Jun 2018, 2:06 pm
A recent example Tushnet might have been able to foretell would be the 2016 decision of the Republican Senate majority to hold open Justice Antonin Scalia’s Supreme Court seat rather than consider the nomination of Chief Judge Merrick Garland to be Scalia’s successor. [read post]
21 Jun 2018, 10:10 am
Janus’ case is the third time that the justices have considered this question: In the first case, they concluded that the challengers were not actually government employees, and they deadlocked in the second case after the death of Justice Antonin Scalia. [read post]
20 Jun 2018, 11:30 am
Janus’ case is the third time that the justices have considered this question: In the first case, they concluded that the challengers were not actually government employees, and they deadlocked in the second case after the death of Justice Antonin Scalia. [read post]
20 Jun 2018, 3:08 am
After the death of Justice Antonin Scalia, a divided court couldn’t decide the case, leaving in place the precedent that teachers and other public workers, in about half of the nation’s unions, had to pay fees to support unions, even if they don’t participate in them. [read post]
19 Jun 2018, 3:42 pm
Justice Antonin Scalia led four justices in arguing that partisan-gerrymandering claims are nonjusticiable because there are no “judicially discernible and manageable standards” by which to decide them. [read post]
18 Jun 2018, 2:30 pm
Court of Appeals for the District of Columbia Circuit; George Mason University - Antonin Scalia Law School, Faculty and Keith Klovers, Judical Clerk for the U.S. [read post]
17 Jun 2018, 9:30 pm
Robertson Professor of Law, University of Maryland Francis King Cary School of Law; and David Zorn, consultant at Mangum Economics and adjunct professor at the Antonin Scalia Law School, George Mason University. [read post]
14 Jun 2018, 10:00 am
David E Bernstein, George Mason University Antonin Scalia Law School, has posted Prevailing Wage Legislation and the Continuing Significance of Race, which appears in the Notre Dame Journal of Legislation 44 (2018): 154-169:Since the early twentieth century, labor unions have lobbied federal and state governments to enact and enforce laws requiring government contractors to pay “prevailing wages” to employees on public works projects. [read post]
13 Jun 2018, 11:40 am
Neil Gorsuch has begun where Antonin Scalia left off—as a committed originalist and eloquent textualist. [read post]
11 Jun 2018, 2:54 pm
Calabresi rightly observes that the best explanation of the Appointment Clause’s meaning may be found in Justice Antonin Scalia’s opinion for the Supreme Court in Edmond v. [read post]
8 Jun 2018, 2:53 pm
The friendship between Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia illustrates a deep and supportive friendship. [read post]
8 Jun 2018, 7:10 am
" If nothing else, equating slave labor with material support for terrorism is precluded by the longstanding canon against absurdity in statutory interpretation, a rule that even most strictly textualist judges, such as the late Justice Antonin Scalia, adhere to. [read post]
7 Jun 2018, 12:36 pm
With the failed nomination of Chief Judge Merrick Garland to the Supreme Court and Gorsuch’s subsequent nomination and confirmation, the Supreme Court’s conservative majority remained intact after the passing of Justice Antonin Scalia. [read post]
7 Jun 2018, 8:00 am
David E Bernstein, George Mason University Antonin Scalia Law School, has posted Reflections on the 100th Anniversary of Buchanan v. [read post]
6 Jun 2018, 5:49 am
One of the most famous and compelling defenses of the unitary executive comes from Justice Antonin Scalia’s dissent in Morrison v. [read post]
5 Jun 2018, 9:12 am
For Thomas, this was not surprising; that section included a discussion of legislative history, and he, like the late Justice Antonin Scalia, usually refuses to join opinions dealing with legislative history. [read post]
5 Jun 2018, 3:06 am
And Antonin Scalia is not here to defend his legacy. [read post]
4 Jun 2018, 5:29 pm
There is, happily, at least of whiff of displeasure in Kennedy’s opinion of one of the late Justice Antonin Scalia’s worst opinions, 1990’s Employment Division, Department of Human Resources of Oregon v. [read post]
2 Jun 2018, 2:50 pm
Mayson George Mason University - Antonin Scalia Law School, Faculty and University of Georgia School of Law Date Posted:... [read post]
31 May 2018, 12:01 pm
Justice Antonin Scalia died two years ago, but his judicial legacy continues to generate discussion and debate. [read post]
