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Justice Amy Coney Barrett also asked how the Idaho law would impact a woman in this scenario. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Would doctors who make the decision to perform an abortion, Barrett asked, be prosecuted under Idaho law? [read post]
24 Apr 2024, 5:38 am by Yosi Yahoudai
Australian Federal Police Deputy Commissioner Krissy Barrett said investigators found no evidence of specific targets or timing of an intended “violent act. [read post]
22 Apr 2024, 3:14 pm by Whitney Hodges
The unanimous opinion, authored by Justice Amy Coney Barrett, found “[n]othing in constitutional text, history or precedent supports exempting legislatures from ordinary takings rules. [read post]
22 Apr 2024, 2:49 pm by Amy Howe
She assured Barrett that public urination and defecation would not violate the Eighth Amendment under the challengers’ theory. [read post]
22 Apr 2024, 11:17 am by Yosi Yahoudai
Barrett, Gorsuch and Kavanaugh were appointed by Trump. [read post]
22 Apr 2024, 8:30 am by Trane Robinson
  So, for example, Justice Barrett’s lovely opinion for the unanimous Court in Lindke v. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
  Speaking through Justice Amy Coney Barrett, the Justices elaborated upon their less constricted version of the “authority or duty” test in a way that provides some guidance to government officials. [read post]
20 Apr 2024, 6:00 am by Lawrence Solum
According to Barrett, textualists would find an “outsider” approach normatively superior because courts should be faithful agents of the people, who do not usually have inside knowledge of Congress. [read post]
19 Apr 2024, 8:55 am by Lawrence Solum
According to Barrett, textualists would find an “outsider” approach normatively superior because courts should be faithful agents of the people, who do not usually have inside knowledge of Congress. [read post]
18 Apr 2024, 2:44 pm by Josh Blackman
S. ___ (2021) (BARRETT, J., concurring in denial of application for injunctive rel [read post]
18 Apr 2024, 11:02 am by Josh Blackman
Justice Kavanaugh's concurrence, which was joined by Justice Barrett, speaks clearly to this second issue. [read post]
18 Apr 2024, 7:49 am by Dan Farber
   Two of the three are very recent appointments to the Court, and one (Barrett) doesn’t have much of a track record on administrative law issues. [read post]
17 Apr 2024, 9:03 am by Josh Blackman
[Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an independent cause of action designed for that purpose”] [This post is co-authored with Professor Seth Barrett Tillman]. [read post]
17 Apr 2024, 7:16 am by Michael C. Dorf
With the possible exception of Justice Barrett, the conservatives were skeptical of what they call a broad reading of a criminal law and apparently want to narrow it by deploying a canon that sounds in purposivism, while the liberals seemed to take the opposite view. [read post]
16 Apr 2024, 8:58 pm by Josh Blackman
I suspect that Kavanaugh and Barrett do not agree on the MQD, as Barrett's Biden v. [read post]
16 Apr 2024, 1:34 pm by Amy Howe
Justice Amy Coney Barrett suggested that even if the court were to reject the government’s broad interpretation, Section 1512(c)(2) might still apply to Fisher. [read post]
16 Apr 2024, 12:46 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman.] [read post]
However, this 34-page decision included concurrences by Justices Neil Gorsuch, Samuel Alito, Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett. [read post]