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2 May 2022, 8:19 am by Howard Friedman
”Justice Breyer wrote the majority opinion which was joined by Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh and Barrett. [read post]
29 Apr 2022, 8:19 am by Sam Callahan and Allon Kedem
The split was made possible by Justice Amy Coney Barrett’s recusal. [read post]
29 Apr 2022, 7:51 am by Minyao Wang
Justice Amy Coney Barrett then jumped in to clarify that the court itself had never embraced this method as a tool of statutory construction. [read post]
29 Apr 2022, 6:00 am by Josh Blackman
["The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct"] The Georgetown Journal of Law & Public Policy has published the new article I co-authored with Seth Barrett Tillman: "The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct. [read post]
” In Thursday’s decision, Justices Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, held that emotional distress damages are not traditionally available in suits for breach of contract, so these remedies are not available because Premier and other providers would not have the requisite notice. [read post]
28 Apr 2022, 1:02 pm by Brian Leiter
They are: Jeffrey Barrett (UC Irvine), Elisabeth Lloyd (Indiana), Jeff McMahan (Oxford), Nancy Sherman (Georgetown), and Linda Zagzebski (Oklahoma). [read post]
28 Apr 2022, 8:36 am by Rachel Bayefsky
 In an opinion by Chief Justice John Roberts (joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett), the court held that emotional distress damages are not traditionally available in suits for breach of contract, and so are not recoverable under the spending clause anti-discrimination statutes at issue in Cummings’ suit. [read post]
28 Apr 2022, 5:45 am by Matthew L.M. Fletcher
The chief justice and the court’s newest justice, Amy Coney Barrett (who was not on the court for McGirt and may be a pivotal vote in this case), seemed intent on reading the GCA in a vacuum, pointing out that the statute does not affirmatively strip states of powers in Indian country. [read post]
27 Apr 2022, 11:48 am by Lee Kovarsky
Kavanaugh, with some follow-up by Barrett, asked Petrany whether the spiritual adviser cases had been wrongly decided under a Section 1983 rubric. [read post]
26 Apr 2022, 10:43 pm by Josh Blackman
The particular targets are Justices Barrett and Brett Kavanaugh, the two newest Justices. [read post]
26 Apr 2022, 10:06 am by Matthew L.M. Fletcher
The state — acutely aware that Justice Ruth Bader Ginsburg, who was in the five-justice majority in McGirt, had been replaced by Justice Amy Coney Barrett — was probing for a Supreme Court vehicle to overrule McGirt. [read post]
25 Apr 2022, 9:01 pm by Leslie C. Griffin
And Roberts and Coney BarrettA few interesting comments from the Chief Justice and Justice Barrett. [read post]
25 Apr 2022, 1:03 pm by Susan C. Morse
And … the Commissioner’s interpretation is not,” Barrett wrote. [read post]
25 Apr 2022, 12:31 pm by Eric Segall
The oral argument was unnerving in many different respects, including wild hypotheticals from the conservative justices about coaches putting up political signs at their private houses and, absurdly, Justice Barrett asking if this case, where a public high school football coach, on school time and payroll, immediately after a game, was a state actor. [read post]
25 Apr 2022, 11:46 am by Matthew Marin
  The Roundup lawyers at the Marin and Barrett Law Firm continue to review information and accept clients who seek to file a Roundup claim. [read post]
25 Apr 2022, 7:30 am by Guest Blogger
Seth Barrett Tillman and Josh Blackman On April 20, 2022, we published a 1300-word guest essay in The New York Times. [read post]