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17 Jun 2021, 7:01 am by Howard Bashman
Justice Gorsuch issued a concurring opinion in which Justice Alito joined in one part and Justice Brett M. [read post]
8 Jun 2021, 6:27 am
This is the complicated Amy Chua/Jed Rubenfeld matter that I'm not taking any position on, because I don't trust the witnesses.Meanwhile, at Lawyers, Guns & Money, Paul Campos is reviling Chua and Rubenfeld. [read post]
3 Jun 2021, 7:43 am by John Elwood
But on the negative side, the court’s influential median vote, Justice Brett Kavanaugh wrote separately to reiterate a point he made in his Caniglia concurrence: Putting aside the “now-erroneous label” of “community caretaking,” the Supreme Court has long “allow[ed] warrantless entries into a home in certain circumstances,” such as when police have an objectively reasonable basis for believing an occupant is in danger. [read post]
1 Jun 2021, 9:55 am by Amy Howe
Justice Brett Kavanaugh agreed with the decision on Tuesday to send Sanders’ case back to the 8th Circuit, but he wrote a separate opinion in which he emphasized that the court’s ruling in Caniglia made clear that there “is no standalone ‘community caretaking’ doctrine that allows warrantless entries into the home. [read post]
28 May 2021, 6:39 am by John Elwood
But Chief Justice John Roberts (joined by Justice Stephen Breyer), Justice Samuel Alito, and Justice Brett Kavanaugh all wrote separate concurrences to either hold open the possibility, or to specifically endorse the idea, that the Fourth Amendment would permit warrantless entry of a home if there was a belief that medical assistance was needed or that people inside were in danger. [read post]
20 Apr 2021, 8:43 am by Gregory Ablavsky
Justices Sonia Sotomayor and Stephen Breyer expressed concern about the implications for other statutes that use the same definition, while Justice Brett Kavanaugh asked whether ruling against the corporations would destabilize tribal health and social services in Alaska. [read post]
29 Mar 2021, 5:10 am by Comunicaciones_MJ
Creo que el juez (presidente John) Roberts, (el juez asociado Neil) Gorsuch, incluso (el juez asociado Brett) Kavanaugh, son juristas que conocen la obligación de ellos como jueces de adjudicar. [read post]
25 Mar 2021, 10:28 am by Comunicaciones_MJ
La opinión mayoritaria fue escrita por el juez presidente y se le unió el juez Stephen Breyer, la jueza Sonia Sotomayor, la jueza Elena Kagan y el juez Brett Kavanaugh. [read post]
12 Mar 2021, 8:42 am by Corbin Barthold, Berin Szóka
“[M]erely hosting speech by others is not a traditional, exclusive public function,” Justice Brett Kavanaugh wrote for the court in 2019, “and does not alone transform private entities into state actors subject to First Amendment constraints. [read post]