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28 Mar 2023, 4:20 pm by David Bernstein
Columbia's Instagram account noted that a group of law students affiliated with the Federalist Society met with Justice Brett Kavanaugh in DC. [read post]
27 Mar 2023, 5:30 am by Josh Blackman
(I'm not sure if O'Connor still maintains chambers, since she does not keep a law clerk.) [read post]
26 Jan 2023, 7:57 am by James Romoser
When we asked it how many justices President Donald Trump appointed (Question #35), it confidently asserted the answer was two: Neil Gorsuch and Brett Kavanaugh. [read post]
12 Dec 2022, 9:01 pm by Vikram David Amar
Oral arguments are even harder to read these days because the arguments very often run well beyond their allotted times (and thus Justices say so many things it’s hard to know what each Justice cares most about).But even though we’ll all just have to wait until June or so to really know what will happen in Moore, many commentators are suggesting that there appears to be a majority (Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson for sure, and quite possibly Chief Justice… [read post]
12 Dec 2022, 9:43 am by Stephen Halbrook
Then-Judge Brett Kavanaugh dissented on the basis that semiautomatic rifles have been in lawful use for over a century and pass Heller's common-use test. [read post]
19 Nov 2022, 8:02 am by Thomas B. Griffith
Circuit alums Justices Brett Kavanaugh and Ketanji Brown Jackson, and Attorney General Merrick Garland. [read post]
8 Nov 2022, 3:17 pm by Ronald Mann
Justice Neil Gorsuch, for example, repeatedly asked counsel to “Tell me what I’m missing. [read post]
3 Nov 2022, 4:08 pm by Ronald Mann
Justices Samuel Alito and Brett Kavanaugh, for example, were troubled by the narrow reading the government ascribed to a “reasonable cause” provision that limits penalties under the statute. [read post]
2 Nov 2022, 5:48 pm by Noam Biale
” Sotomayor countered Ratner’s reading of the statute’s negative implication, saying “I’m reading the positive implications,” and arguing that the statute does not preclude traditional habeas relief which was always historically available to correct miscarriages of justice. [read post]
2 Nov 2022, 3:42 pm by Alexis Hoag-Fordjour
Comments from Justices Brett Kavanaugh and Amy Coney Barrett seemed to indicate that they too may be receptive to Cruz’s arguments. [read post]
 Justice Brett Kavanaugh said the court will struggle if they are asked to review affirmative action again in 10 years if the parties don’t have “something measurable” to show whether diversity goals have been achieved. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
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]