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1 Jul 2017, 12:00 pm
This new position marks a decisive break from the more conscientious approach long espoused by both the Comptroller General and the Office of Legal Counsel (OLC). [read post]
30 Jun 2017, 9:30 am
’” The Court has long held that the fact that speech offends is a reason to protect it, not to suppress it. [read post]
29 Jun 2017, 1:32 pm
McWilliams chose the latter option, in a 5-4 decision, with Justice Anthony Kennedy joining the majority, and Roberts, Justice Clarence Thomas, Justice Samuel Alito and Gorsuch in dissent. [read post]
29 Jun 2017, 12:28 pm
Similarly, Justice Samuel Alito concurred only in the judgment, providing a textual counterargument as to why causation was not an element, even though materiality was, because of another phrase in the statute, “contrary to law. [read post]
29 Jun 2017, 9:25 am
There were four votes against Ruben Flores-Villar, but only two justices (Clarence Thomas and Samuel Alito) did not join Justice Ruth Bader Ginsburg’s opinion in full. [read post]
28 Jun 2017, 7:32 am
I can’t do the story justice, so I’ll leave it to a real Justice, Samuel Alito: Simon Tam is the lead singer of “The Slants. [read post]
27 Jun 2017, 2:37 pm
The constitutional and statutory limits of mandatory detention have been tested in the courts, but the judicial journey has been a long one. [read post]
27 Jun 2017, 12:31 pm
Breyer called attention to what he labelled “three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. [read post]
27 Jun 2017, 7:18 am
” Only three other justices (Anthony Kennedy, Samuel Alito and Elena Kagan) joined this footnote. [read post]
27 Jun 2017, 1:44 am
Samuel Johnson once said, “When a man knows he is to be hanged ... it concentrates his mind wonderfully. [read post]
26 Jun 2017, 6:56 pm
” Finally, Roberts – joined by Thomas, Gorsuch, and Justice Samuel Alito – dissented from the court’s decision to send the case of Johnson v. [read post]
26 Jun 2017, 10:33 am
Kennedy, Samuel A. [read post]
26 Jun 2017, 7:44 am
Justice Clarence Thomas, joined by Samuel Alito and Neil Gorsuch, said the government has shown it is likely to succeed on the merits of the case, and that it will suffer irreparable harm with any interference. [read post]
23 Jun 2017, 6:31 pm
The court has long maintained that the denominator analysis must focus on the “parcel as a whole,” but that cryptic instruction has left litigants and lower courts at sea. [read post]
23 Jun 2017, 11:13 am
When the court takes the bench, Justices Clarence Thomas and Samuel Alito are absent. [read post]
23 Jun 2017, 4:25 am
” At the Sentencing Law and Policy blog, Douglas Berman weighs in The Washington Post Fact Checker’s assertion that a statement about sex-offender recidivism by Justice Samuel Alito in Packingham v. [read post]
22 Jun 2017, 9:41 am
She also makes a reference to the fact that under the government’s theory, a long-ago speeding violation could prove problematic. [read post]
20 Jun 2017, 2:06 pm
Tam, the Supreme Court finally gave its answer to a question long debated in the intellectual property world: Is a prohibition on registering disparaging trademarks a violation of free speech under the First Amendment? [read post]
20 Jun 2017, 11:33 am
The court held that Section 1052(a) is a viewpoint-discriminatory law because it denies registration of marks that may disparage persons, institutions, beliefs or national symbols, while allowing registration of words or symbols that are positive or benign – “happy-talk,” per Justice Samuel Alito’s opinion. [read post]
20 Jun 2017, 11:24 am
" Joe Mullin of Ars Technica reports that "Supreme Court rules: Offensive trademarks must be allowed; Justice Samuel Alito: 'Giving offense is a viewpoint.'" At the "THR, Esq. [read post]
