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29 Jun 2023, 3:11 pm by Will Baude
Brackeen, much discussed by others on this blog, I discuss a potential pattern in Justice Barrett's treatment of precedent, something I had noticed earlier in her concurrence in Fulton v. [read post]
27 Jun 2023, 10:44 am by Amy Howe
’” In a solo dissent, Thomas criticized what he characterized as the majority’s “surprising and misplaced reliance on New York Times v. [read post]
21 Jun 2023, 6:38 am by Eric Goldman
Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. v. [read post]
20 Jun 2023, 9:01 pm by Albert W. Alschuler
Barrett quoted an earlier decision that described Heller’s declaration as a “passing reference. [read post]
19 Jun 2023, 11:15 am by Marcia Coyle
On June 8, 2023, the court, in a 7-2 decision, ruled in Health and Hospital Corporation of Marion County, Indiana v. [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
DorfMy latest Verdict column examines the all-but-endorsement of the unitary executive theory by Justices Thomas, Kavanaugh, and Barrett in Friday's SCOTUS decision in United States ex rel Polansky v. [read post]