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29 Jun 2017, 12:28 pm
Many commentators have attributed the lack of such cases to the fact that the court was undermanned after the death of Justice Antonin Scalia in February 2016, evenly split on such ideologically-charged issues. [read post]
29 Jun 2017, 9:25 am
Assuming that Justice Antonin Scalia was the third vote against Flores-Villar, it seems that at least one justice (presumably either John Roberts or Anthony Kennedy) voted against Flores-Villar but later became convinced either of the unconstitutionality of the statute or of the availability of a remedy in criminal cases. [read post]
28 Jun 2017, 1:11 pm
” That meant that Justice Antonin Scalia’s vacant seat would be filled with a justice sympathetic to strong enforcement of the criminal law, and indeed it was, as we saw at the end of the term. [read post]
28 Jun 2017, 3:04 am
United States (1997), Justice Antonin Scalia said that a federal gun control law that forced local law enforcement to perform handgun background checks went against the 10th Amendment’s principles. [read post]
27 Jun 2017, 11:12 am
” Finally, Breyer pointed to Justice Antonin Scalia’s dissent in Martinez, which had observed that there “is not a dime’s worth of difference in principle between [ineffective-assistance-of-trial-counsel] cases and many other cases in which initial state habeas will be the first opportunity for a particular claim to be raised,” including “claims asserting ineffective assistance of appellate counsel. [read post]
26 Jun 2017, 6:56 pm
Gorsuch acknowledged that the Supreme Court is not required “to rove about looking for errors to correct in every case in this large country,” and he agreed with the late Justice Antonin Scalia, whom he succeeded, that the court should be cautious before stepping into cases like this. [read post]
26 Jun 2017, 10:37 am
Before Justice Antonin Scalia died last year, the Supreme Court agreed to review a church’s challenge to Missouri’s denial of the church’s application for a grant to resurface its playground. [read post]
26 Jun 2017, 7:27 am
California — he, like Thomas (and, before his death, Justice Antonin Scalia), seems to be a strong gun-rights supporter, indeed likely more so than some of the other conservative justices. [read post]
26 Jun 2017, 4:09 am
” At Empirical SCOTUS, Adam Feldman assesses the available data about Justice Neil Gorsuch’s approach to Supreme Court judging and looks at the early performances of Justices Antonin Scalia and Clarence Thomas, concluding that “we may see Justice Gorsuch strengthen the coalitions he has already participated in and continue to make narrow decisions based predominantly on his readings of the plain text of statutes. [read post]
26 Jun 2017, 3:24 am
” Gorsuch’s textualism often is compared with that of the justice he replaced, the late Antonin Scalia. [read post]
25 Jun 2017, 5:42 pm
Erwin Chemerinsky writes for The Sacramento Bee, June 26, 2017 Neil Gorsuch replacing Antonin Scalia largely restored the court’s ideological balance to what it was before Scalia’s death. [read post]
23 Jun 2017, 12:26 pm
Are they smarter, wiser and more moral than George Washington, Abraham Lincoln, FDR, Felix Frankfurter and Antonin Scalia? [read post]
23 Jun 2017, 11:13 am
This was one of the cases the court agreed to review while Justice Antonin Scalia was still alive, and the court carried it over to the current term. [read post]
22 Jun 2017, 5:40 pm
The justices agreed to review this case well over a year ago, before the death of Justice Antonin Scalia. [read post]
22 Jun 2017, 4:38 pm
Indeed, I think a general theme of October Term 2016 – and possibly the Roberts court overall without Justice Antonin Scalia – is that cases have been decided on narrow grounds whenever possible. [read post]
22 Jun 2017, 9:20 am
In some ways, the 2016 Term has been dominated by the wait for a ninth Justice to replace the late Antonin Scalia. [read post]
22 Jun 2017, 5:12 am
The justices agreed to review this case well over a year ago, before the death of Justice Antonin Scalia. [read post]
21 Jun 2017, 2:56 am
Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia concurring. [read post]
20 Jun 2017, 11:25 am
Justice Samuel Alito wrote the dissent in Walker (joined by Chief Justice John Roberts, Justice Antonin Scalia and Justice Anthony Kennedy) and the majority opinion in Tam. [read post]
19 Jun 2017, 9:56 am
In a challenge to Pennsylvania’s redistricting plan, four justices – Justice Antonin Scalia, joined by then-Chief Justice William Rehnquist and Justices Sandra Day O’Connor and Clarence Thomas – agreed that courts should never review partisan-gerrymandering claims, because it is too hard to come with a manageable test to determine when the role of politics in redistricting is too influential. [read post]
