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14 Dec 2017, 8:05 am
Justices Antonin Scalia and Clarence Thomas accused the majority of applying special rules because the case involved abortion, using an approach that is “in stark contradiction of the constitutional principles we apply in all other contexts. [read post]
12 Dec 2017, 10:35 am
The Supreme Court, in an opinion by Justice Antonin Scalia, ruled against the Native Americans and held that the free exercise clause could not be used to challenge the Oregon law because it was neutral, in that it was not motivated by a desire to interfere with religion, and because it applied to everyone in the state. [read post]
12 Dec 2017, 4:19 am
For The Los Angeles Times, David Savage reports that a 1990 opinion by the late Justice Antonin Scalia “looms uncomfortably over the court these days as conservative Christians seek a religious exemption from anti-discrimination laws adopted in liberal states” in cases like Masterpiece Cakeshop v. [read post]
12 Dec 2017, 3:58 am
In 2012, Justice Antonin Scalia told CNN that in his time on the bench, the Bush v. [read post]
11 Dec 2017, 12:14 pm
A new collection of speeches by Justice Antonin Scalia includes one entry, titled The Vocation of a Judge. [read post]
11 Dec 2017, 5:17 am
At a historic juncture for our courts, he stands poised to seize the mantle left by Justice Antonin Scalia, and carry the cause of originalism and textualism forward for a new generation. [read post]
7 Dec 2017, 11:28 am
However, after Justice Antonin Scalia died during the following term, after the Court had held a hearing on the case, the eight other Justices could not assemble a majority, so a simple, one-sentence order upheld by a 4-to-4 vote the lower court ruling applying the 1977 precedent. [read post]
5 Dec 2017, 11:00 am
PDF version A review of Amanda Tyler's Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay (Oxford, 2017). *** The appearance of Amanda Tyler’s long-awaited book, Habeas Corpus in Wartime, From the Tower of London to Guantanamo Bay, demands that we reconsider our assumptions about the operation of habeas corpus in wartime. [read post]
4 Dec 2017, 12:54 pm
Specifically, Hemel and Posner cited arguments made by the late Justice Antonin Scalia about the need for the executive to function as the unity head of the federal law-enforcement system. [read post]
30 Nov 2017, 8:29 am
Connecticut) “How to Manipulate the Rule of Law” (examining Justice Antonin Scalia’s Second Amendment jurisprudence in District of Columbia v. [read post]
29 Nov 2017, 4:58 am
Professor Calabresi worked in the West Wing of President Ronald Reagan’s White House; was a Special Assistant for Attorney General Edwin Meese III; and he clerked for Justice Antonin Scalia on the Supreme Court and for Judges Robert H. [read post]
29 Nov 2017, 4:30 am
Justice Antonin Scalia’s departure from the Court at the tail end of Barack Obama’s administration and the likely prospects of a Hillary Clinton electoral victory might have been expected to finally tilt the balance of the Court and create a stable liberal majority, but late-term Republican control of the Senate and Clinton’s improbable defeat wound up extending the impasse.With the Supreme Court in limbo, partisans turned their attention to the federal circuit… [read post]
28 Nov 2017, 6:02 pm
A comment of Alito near the beginning of Katyal’s presentation captured the justices’ frustration with the statutory language: Our late colleague [Antonin Scalia] wrote a book called Reading Law, which provides guidance about how you read statutes. [read post]
28 Nov 2017, 1:04 pm
Aguilar, Justice Antonin Scalia would have allowed prosecutors to charge defendants based on broad obstruction-of-justice statutory language. [read post]
28 Nov 2017, 12:14 pm
Many court-watchers believed that Phillips’ case might meet a similar fate: If the photography studio couldn’t muster the four votes needed to grant review while the late Justice Antonin Scalia was still on the court, Phillips presumably also would not be able to do so even once Scalia’s successor, Justice Neil Gorsuch, took the bench. [read post]
27 Nov 2017, 5:39 am
* According to recently released tax records, a mystery donor gave more than $28 million to the Wellspring Committee to keep Justice Antonin Scalia's Supreme Court seat in Republican hands and help get Neil Gorsuch confirmed. [read post]
27 Nov 2017, 3:00 am
Wednesday, November 29 at 12:00 pm: The George Mason Antonin Scalia School of Law's National Security Institute will hold an event on Section 702 Reauthorization: Remembering the Lesson of 9/11. [read post]
26 Nov 2017, 9:30 pm
As the late Supreme Court Justice Antonin Scalia once explained, Chevron may have been justified initially by its faithfulness to the intent of Congress. [read post]
21 Nov 2017, 12:41 pm
Attorney General; and moderator Jamil Jaffer, Director, National Security Institute at Antonin Scalia Law School, George Mason University. [read post]
21 Nov 2017, 11:23 am
They also will know that Justice Neil Gorsuch takes a less charitable view of Chevron – “the elephant in the room,” he once called it – than did his predecessor, Justice Antonin Scalia. [read post]
