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23 Jan 2012, 8:58 am by Lyle Denniston
  The Alito concurrence was joined by Justices Stephen G. [read post]
23 Mar 2017, 8:24 am by Rory Little
Justice Sonia Sotomayor jumped in first, appearing to defend damages for police shooting victims “who had nothing to do with causing the loss. [read post]
4 Oct 2017, 12:47 pm by Amy Howe
Justice Sonia Sotomayor asked Kim why the partygoers didn’t have a right to be there. [read post]
8 Jan 2019, 6:32 am by Elizabeth McCuskey
” Justice Stephen Breyer, echoed at one point by Roberts, raised issues about the delicate balance involved in FDA judgments about under- versus over-warning. [read post]
22 Jan 2015, 7:18 am by Rory Little
Or as Justice Stephen Breyer put it, “our experience on stops comes from, unfortunately, being the stoppee. [read post]
10 Dec 2019, 12:53 pm by Amy Howe
Kneedler resisted any effort to compare the statute to a contract, telling Breyer that it was “very far from a contract,” but later in the argument both Roberts and Justice Sonia Sotomayor seemed to agree with Breyer. [read post]
29 Mar 2016, 8:06 am by Ross Runkel
Justice Stephen Breyer said he favored a rule that is simple, consistent with the statutory language, and easy to administer. [read post]
11 Nov 2015, 9:44 am by Ronald Mann
” Similarly, though more expansively, Justice Sonia Sotomayor (who joined the Court after it issued the most recent decision in this line of cases) commented with wry deprecation: I don’t know if I’m reading [Great-West] rightly or not. [read post]
11 Dec 2014, 8:57 am by Howard M. Wasserman
Justice Stephen Breyer (and Justice Sotomayor) then moved Waxman to the issue that Goldstein had raised about when the clock for appeal begins running for parties in Gelboim’s position and what they are appealing from. [read post]
6 Dec 2018, 9:57 am by David Super
Justice Stephen Breyer suggested that the need for cross-examination depends on the facts of an individual case. [read post]
20 Jun 2017, 11:33 am by Lisa Ramsey
Justice Anthony Kennedy (joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan) argued that the viewpoint discrimination in Section 1052(a) is subject to “rigorous constitutional scrutiny” – which it did not survive – and noted that “commercial speech is no exception” to the “heightened scrutiny” required by Sorrell v. [read post]
24 Apr 2018, 1:47 pm by Ronald Mann
First, three of the justices (Justice Stephen Breyer, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor) suggest that they would go much further in tolerating administrative innovation, emphasizing that the Supreme Court’s opinion says nothing about procedures in which “private rights” are “adjudicated [outside] Article III courts … by agencies. [read post]
4 Dec 2018, 3:31 am by Daniel Hemel
Justice Stephen Breyer seemed frustrated with West Virginia as well. [read post]
3 Dec 2014, 7:55 am by Ronald Mann
” Katyal seemed to make more headway on the point in a lengthy colloquy with Justice Stephen Breyer, when he managed to explain without interruption that in the PTO proceeding the issue is the goods themselves, “but not how the goods are used, the advertising, the marketing, the sales. [read post]
1 Jun 2020, 3:49 pm by Jennifer Chacon
” In an opinion authored by Justice Brett Kavanaugh, and joined by Chief Justice John Roberts as well as Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Neil Gorsuch, the court held that “the court of appeals should review factual challenges to the CAT order deferentially. [read post]
22 Oct 2012, 9:01 pm by Rodger Citron
Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan pressed Hoffman on the issue of exhaustion—the argument that a “foreign-cubed” case should not be heard in a United States court until it was clear that the alien plaintiffs had attempted to litigate their claims in a forum that was more closely connected to the case. [read post]
10 Jan 2012, 11:22 am by Lyle Denniston
It was during Waxman’s time at the lectern that Justice Stephen G. [read post]
21 Feb 2012, 7:59 am by Lyle Denniston
Alito, Jr., Elena Kagan, and Sonia Sotomayor. [read post]
22 Oct 2012, 9:01 pm by Rodger Citron
(At one point during the argument, Justice Stephen Breyer, one of the more incisive members of the Court, could do no better than mention the name of a leading historical authority, Attorney General William Bradford’s Opinion of 1795, before stating,  “Isn’t there—all this stuff about—you know what I’m talking about.”)  [read post]