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5 Aug 2014, 9:01 pm
This, suggests Justice Kennedy, is reason enough to reject the ordinary tests of causation in this case. [read post]
31 Jul 2014, 6:05 am
Mazie agrees with Greenhouse that the Fifth Circuit panel “made the correct decision,” but he nonetheless predicts that the Chief Justice and Justices Scalia, Alito, and Thomas “will agree with Judge Emilio Garza, the dissenter on the Fifth Circuit panel, and opt to hear the case again. [read post]
30 Jul 2014, 9:41 am
Plus, we can predict Harlan, Powell, O’Connor, and Kennedy. [read post]
29 Jul 2014, 12:57 pm
Justice Scalia authored a dissenting opinion which Justices Thomas and Alito joined. [read post]
28 Jul 2014, 7:37 pm
Chief Justice Roberts, and Justices Scalia, Kennedy, and Thomas joined the opinion of the Court. [read post]
23 Jul 2014, 7:44 am
Circuit's reading of the statute contradicts the description of the exchanges by Justices Scalia, Kennedy, Thomas and Alito in the ACA Joint Dissent, which assumed the validity of the federal-exchange subsidies and understood that the statutory scheme depends on them.Further on the health law academic front, Tim Jost has a post on the Health Affairs blog analyzing the opinion, as does Nicole Huberfeld at HealthLawProfBlog, and Nick Bagley at… [read post]
22 Jul 2014, 3:00 pm
Circuit: Chief Justice John Roberts (2003); Associate Justice Antonin Scalia (1982), Associate Justice Clarence Thomas (1990), and Ruth Bader Ginsburg (1980). [read post]
21 Jul 2014, 6:04 am
Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined him. [read post]
15 Jul 2014, 4:24 pm
Justice Kagan's opinion was joined in full by the Chief and Justices Kennedy, Ginsburg, Breyer, and Sotomayor. [read post]
15 Jul 2014, 8:44 am
Justice Alito filed a dissenting opinion, which Chief Justice Roberts, as well as Justices Scalia and Thomas, joined. [read post]
14 Jul 2014, 7:26 am
They are Amri Elsafy, 42, Brooklyn Park, Minnesota; Gerald Edwin Carlson, 67, Kennedy, Minnesota; and James Bryan Crook, 58, Brooklyn, New York. [read post]
10 Jul 2014, 7:40 am
For example, this measure does not count McCullen as a unanimous decision because only four Justices joined the majority opinion written by Chief Justice Roberts; Justice Scalia concurred in the result only, with a separate opinion that was joined by Justices Thomas and Kennedy, while Justice Alito filed a separate opinion in which he also concurred in the result only. [read post]
7 Jul 2014, 2:07 pm
., 525 U.S. 182, 209 (1999) (Thomas, J., concurring in the judgment) (treating a law as content-based because “the category of burdened speech is defined by its content—Colorado’s badge requirement does not apply to those who circulate candidate petitions, only to those who circulate initiative or referendum proposals”). [read post]
6 Jul 2014, 11:02 pm
Anthony Kennedy described him in United States v. [read post]
6 Jul 2014, 1:08 pm
" The paragraph of Justice Kennedy's concurrence devoted to this question is somewhat cryptic; but he did stress that is was "proper[]" for the Court not to resolve the question. [read post]
4 Jul 2014, 11:11 am
Is he testing to see whether Justice Kennedy would balk at the cite? [read post]
3 Jul 2014, 3:22 pm
Kennedy,and Clarence Thomas. [read post]
3 Jul 2014, 3:21 pm
Justice Scalia filed an opinion concurring in the judgment, which Justices Kennedy and Thomas joined. [read post]
3 Jul 2014, 3:21 pm
Justice Scalia filed an opinion concurring in the judgment, which Justices Kennedy and Thomas joined. [read post]
3 Jul 2014, 1:00 pm
The opinion is written by Justice Alito, with Chief Justice Roberts and Justices Scalia, Kennedy, and Thomas joining. [read post]
