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26 Sep 2022, 9:00 pm by Barry Winograd
At a recent judicial conference, he posed the issue in stark terms: “If the court doesn’t retain its legitimate function of interpreting the constitution, I’m not sure who would take up that mantle. [read post]
13 Sep 2022, 6:55 am by jonathanturley
” The threat follows an alleged assassination attempt against Associate Justice Brett Kavanaugh by another unbalanced individual. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
In dissent, Justice Brett Kavanaugh (writing separately from two other dissenting textualist justices), rejected that application of ordinary meaning (though not the canon or the text of the statute itself); he further advocated applying another canon to inform ordinary meaning itself: the rule against superfluity,which would avoid rendering the phrase “sexual orientation” in other statutes superfluous. [read post]
20 Jul 2022, 5:21 am
Said Lyric Winik, who lives "several homes down from" Brett Kavanaugh," on a "narrow street of towering trees, tightly spaced homes and families with young children" in Chevy Chase, Maryland. [read post]
7 Jul 2022, 9:00 am by Neil H. Buchanan
  (Brett Kavanaugh had his revealing meltdown during his confirmation hearings, but he is no Scalia.) [read post]
7 Jul 2022, 5:01 am by Peter Margulies
Justice Brett Kavanaugh added a concurrence, and Justice Amy Coney Barrett, while she dissented on a threshold procedural point, stated that she agreed on the merits. [read post]
26 Jun 2022, 10:23 am by David Oscar Markus
As Justice Brett Kavanaugh wrote in his own Dobbs concurrence, “the Court’s decision today does not outlaw abortion throughout the United States. [read post]
25 Jun 2022, 9:31 am by Tom Smith
” In the end, the three justices appointed by Trump – Barrett, Neil Gorsuch and Brett Kavanaugh – all voted to reverse Roe v. [read post]