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1 Jun 2021, 9:55 am by Amy Howe
Justice Brett Kavanaugh agreed with the decision on Tuesday to send Sanders’ case back to the 8th Circuit, but he wrote a separate opinion in which he emphasized that the court’s ruling in Caniglia made clear that there “is no standalone ‘community caretaking’ doctrine that allows warrantless entries into the home. [read post]
28 May 2021, 6:39 am by John Elwood
But Chief Justice John Roberts (joined by Justice Stephen Breyer), Justice Samuel Alito, and Justice Brett Kavanaugh all wrote separate concurrences to either hold open the possibility, or to specifically endorse the idea, that the Fourth Amendment would permit warrantless entry of a home if there was a belief that medical assistance was needed or that people inside were in danger. [read post]
20 Apr 2021, 8:43 am by Gregory Ablavsky
Justices Sonia Sotomayor and Stephen Breyer expressed concern about the implications for other statutes that use the same definition, while Justice Brett Kavanaugh asked whether ruling against the corporations would destabilize tribal health and social services in Alaska. [read post]
29 Mar 2021, 5:10 am by Comunicaciones_MJ
Creo que el juez (presidente John) Roberts, (el juez asociado Neil) Gorsuch, incluso (el juez asociado Brett) Kavanaugh, son juristas que conocen la obligación de ellos como jueces de adjudicar. [read post]
25 Mar 2021, 10:28 am by Comunicaciones_MJ
La opinión mayoritaria fue escrita por el juez presidente y se le unió el juez Stephen Breyer, la jueza Sonia Sotomayor, la jueza Elena Kagan y el juez Brett Kavanaugh. [read post]
12 Mar 2021, 8:42 am by Corbin Barthold, Berin Szóka
“[M]erely hosting speech by others is not a traditional, exclusive public function,” Justice Brett Kavanaugh wrote for the court in 2019, “and does not alone transform private entities into state actors subject to First Amendment constraints. [read post]
22 Feb 2021, 10:17 am by psmoeller
  Justice Sonia Sotomayor authored the majority opinion, which was joined by Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan and Brett Kavanaugh. [read post]
6 Feb 2021, 4:30 am by Guest Blogger
Garrow suggests that Brett Kavanaugh may cast the deciding vote to save abortion rights. [read post]
3 Feb 2021, 12:43 pm by Berin Szóka, Ari Cohn
” But in 2019, Justice Brett Kavanaugh, writing for all five conservative justices, noted that in order to be transformed into a state actor, a private entity must be performing a function that is traditionally and exclusively performed by the government: “[M]erely hosting speech by others is not a traditional, exclusive public function and does not alone transform private entities into state actors subject to First Amendment constraints. [read post]
1 Feb 2021, 6:30 am by Guest Blogger
Casey and Roe being vitiated by a Supreme Court majority that would have to include either Justice Brett M. [read post]
25 Jan 2021, 10:51 am by Guest Blogger
Unless I’m misunderstanding his point, this misconstrues how the compact works. [read post]