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10 Jul 2023, 7:38 am by Bernadette Meyler
It is precisely the kind of judicial reasoning Scalia critiqued, however, that Barrett defends in her concurrence. [read post]
9 Jul 2023, 9:02 pm by Barry Winograd
Writing for the Court in favor of a mandatory stay was Justice Brett Kavanaugh, joined by Chief Justice John Roberts and Justices Samuel Alito, Amy Coney Barrett, and Neil Gorsuch. [read post]
6 Jul 2023, 4:30 am by Lawrence Solum
Michael Greve (American Enterprise Institute (AEI); George Mason University - Antonin Scalia Law School, Faculty) has posted Delegation in Context (C. [read post]
5 Jul 2023, 1:20 pm by Josh Blackman
The post Roberts the Creditor, Roberts the Debtor appeared first on Reason.com. [read post]
4 Jul 2023, 11:38 pm by Josh Blackman
In 2016, after Justice Scalia's death, the Court split 4-4 on the validity of DAPA. [read post]
3 Jul 2023, 10:49 pm by Josh Blackman
Rev. 1, 35–36 (2014) (collecting statements from Justice Scalia); cf. [read post]
3 Jul 2023, 6:09 pm by Josh Blackman
 And, Chief Justice Roberts observed, "no party asks us to reconsider" that statement from Gratz. [read post]
27 Jun 2023, 9:34 am by Michael C. Dorf
Gore, Chief Justice Rehnquist, joined by Justices Scalia and Thomas, wrote a concurrence that rejected the ordinarily complete deference that federal courts give to state courts in construing state law. [read post]
27 Jun 2023, 9:01 am by Amy Howe
Roberts agreed that the court did have the power to decide the case on the merits. [read post]
25 Jun 2023, 9:51 pm by Tom Smith
My own law school has organized similar programs in the past with Chief Justice Roberts and Justice Ginsburg. [read post]
24 Jun 2023, 3:32 am by SHG
Roberts (1980) imposed a “reliability” standard to determine whether out-of-court testimony could be introduced. [read post]
23 Jun 2023, 9:32 pm by Josh Blackman
Roberts (1980) imposed a "reliability" standard to determine whether out-of-court testimony could be introduced. [read post]
20 Jun 2023, 9:01 pm by Albert W. Alschuler
The Court’s opinion by Justice Antonin Scalia declared: “[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons. [read post]
19 Jun 2023, 8:56 pm by Josh Blackman
After all, Barr could only rely on Morrison, and Justice Scalia's dissent. [read post]
19 Jun 2023, 11:39 am by Josh Blackman
In that case, there were so many respectful, but pointed back-and-forths between Scalia and Thomas. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
Indeed, some Roberts Court rulings construe the Appointments Clause in ways that rely on a version of the unitary executive theory. [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
Olson over a spirited unitary-executive dissent by Justice Scalia. [read post]
12 Jun 2023, 3:17 am by SHG
But CJ Roberts raised this as a concern, which it is, rather than a stand alone basis to refuse a code of ethics. [read post]