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17 Jan 2024, 3:58 pm by Amy Howe
But Justice Brett Kavanaugh saw Chevron’s deference to agencies differently. [read post]
17 Jan 2024, 4:00 am by Michael C. Dorf
Per my custom, I am posting the constitutional law exam I administered to my students at the end of last semester. [read post]
11 Jan 2024, 11:26 am by Howard Bashman
“The Unraveling of Brett Kavanaugh’s Biggest, Dumbest Lie: The Dobbs majority promised their opinion would get the Supreme Court out of the abortion policy business; Guess how that’s going? [read post]
11 Jan 2024, 4:00 am by jonathanturley
Then in 2017, when Republicans controlled the Senate, they extended the simple-majority rule change to justices, too — and when Democrats wanted the filibuster to block the High Court nominations of Neil Gorsuch, Brett Kavanaugh or Amy Coney Barrett during the Trump administration, it was gone. [read post]
10 Jan 2024, 2:48 pm by Amy Howe
Justice Brett Kavanaugh suggested that the court should adopt the test proposed by Thomas in earlier confrontation clause cases, which would direct courts to look at the formality and solemnity of the documents to be introduced into evidence. [read post]
9 Jan 2024, 6:52 pm by Amy Howe
” Justice Brett Kavanaugh, on the other hand, expressed concern that if the Nollan/Dolan test does not apply to impact fees like the one that Sheetz paid, it would create a loophole that would allow local governments “to impose exorbitant fees that are obviously being used to fund improvements in the other part of the county” that can’t be funded, for whatever reason, through tax increases. [read post]
8 Jan 2024, 5:08 pm by Amy Howe
” Justice Brett Kavanaugh was more sympathetic to the FBI’s concerns about disclosing sensitive information. [read post]
3 Jan 2024, 4:00 am by jonathanturley
” Justice Brett Kavanaugh also was an attorney on the Bush team in 2000 and played a role in the recounts and challenges out of Volusia County, Florida. [read post]
21 Dec 2023, 9:02 pm by Michael C. Dorf
Indeed, one imagines that Trump’s appointees—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—would be especially uncomfortable about being seen as doing a favor for the man who put them where they are. [read post]
16 Dec 2023, 8:11 pm by Josh Blackman
Here is the abstract: Justice Neil Gorsuch has now been on the Supreme Court for six years; Justice Brett Kavanaugh for five years; and Justice Amy Coney Barrett for three years. [read post]
14 Dec 2023, 9:01 pm by Michael C. Dorf
Supreme Court.In addition to Justices Thomas and Alito, Justice Brett Kavanaugh also noted that he would have granted the cert petition. [read post]
11 Dec 2023, 8:32 am by Amy Howe
After repeatedly considering the case at each of their conferences since late September, the justices on Monday rejected Tingley’s appeal, with Justice Brett Kavanaugh indicating that he would have granted his petition. [read post]
7 Dec 2023, 9:05 pm by renholding
“The government can deprive you of your property, your money, substantial sums,” Justice Brett M. [read post]
5 Dec 2023, 1:08 pm by Amy Howe
” In a four-page opinion joined by Chief Justice John Roberts and Justices Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, and Brett Kavanaugh, the court on Tuesday granted Laufer’s request. [read post]
5 Dec 2023, 1:04 pm by Amy Howe
And Justice Brett Kavanaugh appeared sympathetic to Prelogar’s plea for a narrow ruling. [read post]
4 Dec 2023, 1:42 pm by Amy Howe
(William Hennessy) Justice Brett Kavanaugh was the most sympathetic to Purdue’s position. [read post]