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7 Mar 2022, 4:30 am by Michael C. Dorf
" Dissenting, Justice Breyer, joined by Justices Sotomayor and Kagan, said that the  triple-murder evidence was much more potent in showing how cold-blooded and domineering Tamerlan was, and thus its exclusion was an abuse of discretion in denying Dzhokhar his ability to prove mitigation.I don't have a strong view about the right legal outcome in the case, but I do want to suggest that if the appeals court judgment had been allowed to stand, the sentencing jury would have… [read post]
6 Mar 2022, 5:05 am
On both of these issues, Thomas has been incredibly vocal — and his views have been presented in racialized terms. [read post]
5 Mar 2022, 5:01 am by Eugene Volokh
, edited by Ingvild Bergom Lunde and Matthew Thomas Johnson; here's the Introduction, which summarizes the articles: This issue emerges more than 40 years after the initiation of zero-tolerance global campaigns to end all forms of female genital cutting (FGC). [read post]
3 Mar 2022, 12:53 pm by Amy Howe
In Thomasview, the case should be dismissed because Abu Zubaydah hasn’t shown that he really needs the information that he is seeking, so there is no need for the court to decide whether the government has adequately supported its claim that the information is protected by the state secrets privilege. [read post]
3 Mar 2022, 7:13 am by Jonathan H. Adler
In our view, the Government has provided sufficient support for its claim of harm to warrant application of the privilege. [read post]
2 Mar 2022, 3:47 pm by Eugene Volokh
., decided yesterday by the Third Circuit, in an opinion by Judge Peter Phipps, joined by Judges Thomas Hardiman and Robert Cowen: Two foster parents with religious views against same-sex marriage and homosexual conduct had their foster child removed and their foster license suspended. [read post]
2 Mar 2022, 11:32 am by John Elwood
Justices Samuel Alito (joined by Justices Clarence Thomas, Brett Kavanaugh, and Amy Coney Barret) filed a statement respecting denial. [read post]
2 Mar 2022, 4:00 am by Paul Caron
Thomas L.J. __ (2022): Americans have always disagreed about particular issues, but those disagreements have intensified, widened, and coalesced around shared identities that shape the ways in which we view the world. [read post]
1 Mar 2022, 9:00 pm by Vikram David Amar
Nor did the case in any way involve an ostensible conflict between the wishes of the legislature and the views of the state judiciary. [read post]
1 Mar 2022, 9:38 am by Eric Goldman
Martono * 2H 2020 Quick Links, Part 4 (FOSTA) * Justice Thomas’ Anti-Section 230 Statement Doesn’t Support Reconsideration–JB v. [read post]
28 Feb 2022, 9:04 pm by Katherine McKeen
” Although all four of these justices seemed skeptical of Ramirez’s argument, Justices Alito, Roberts, and Thomas joined the majority in Burwell v. [read post]
28 Feb 2022, 7:32 pm by Amy Howe
The state court’s conclusion that DeWeese-Boyd was not responsible for “religious education” because she did not “teach religion, the Bible, or religious doctrine” was, in Alito’s view, “a troubling and narrow view of religious education. [read post]
28 Feb 2022, 9:21 am by Jonathan H. Adler
The Obama Administration's Clean Power Plan embodied a broad view of this language, that would justify regulating emissions on a system-wide basis, so as to induce fuel shifting and generation shifting. [read post]
28 Feb 2022, 8:11 am by Howard Friedman
[M]any religious schools ask their teachers to “show students how to view the world through a faith-based lens,” even when teaching nominally secular subjects. [read post]
27 Feb 2022, 11:10 am by Katherine Pompilio
Anderson, Zachary Badore, Anastasia Bradatan, Alexander Herkert, Bryce Klehm, Rohini Kurup, Jaime Lopez, Katherine Pompilio, Anna-Marie Robertson and Thomas G. [read post]