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3 Jul 2023, 11:26 pm by Josh Blackman
At least the Court didn't just dismiss the "de minimis" language as dicta, like Chief Justice Roberts tried to do with the "viability" line from Roe. [read post]
3 Jul 2023, 9:43 pm by David Oscar Markus
  It didn't happen then; instead we got John Roberts. [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]
This means Robert Mallory, who developed cancer after two decades as a freight car mechanic for Norfolk Southern Railway in Virginia and Ohio, was able to sue Norfolk Southern Railway in Pennsylvania court. [read post]
3 Jul 2023, 11:14 am by Gene Takagi
Majority Opinion (Chief Justice Roberts) “Eliminating racial discrimination means eliminating all of it. [read post]
3 Jul 2023, 5:28 am by Guest Author
Barrett couldn’t get anyone to join her concurrence in the loans decision and Gorsuch was losing votes on a nondelegation doctrine last year. [read post]
3 Jul 2023, 4:00 am by Eric Segall
What makes all of the above even more problematic is that the Court didn't even have to weigh in on this difficult case at all. [read post]
2 Jul 2023, 1:53 pm by Josh Blackman
Well, to be precise, I didn't read every word. [read post]
2 Jul 2023, 6:30 am by JB
In fact, the Roberts Court, with its originalist/traditionalist pretensions is actually pretty distant from Loughlin's conception of judges engaged in public reason. [read post]
1 Jul 2023, 8:10 am by Michael C. Dorf
Chief Justice Roberts rejects Sotomayor’s point on the basis that she cited “two cases that have nothing to do with the Equal Protection Clause, because they are fourth amendment cases. [read post]
1 Jul 2023, 3:49 am by SHG
CJ Roberts’ rationale about the limits of “waive and modify” is a morass of circular reasoning. [read post]
1 Jul 2023, 12:48 am by Joseph Fishkin
A write-down doesn’t draw money from the Treasury. [read post]
30 Jun 2023, 4:30 pm by Ilya Somin
" The word "waive" also doesn't give the government the power to forgive loans on a massive scale, because, as Roberts noted, the government conceded that the term "waiver" as used in the HEROES Act cannot refer to waiving loan repayments. [read post]