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17 Jul 2023, 4:15 am by Jonathan H. Adler
Hall's holding on state sovereign immunity in Franchise Tax Board of California v. [read post]
2 Jun 2022, 9:00 pm by Vikram David Amar
Yet these Justices have not done a particularly careful job of discussing the kind of reliance that might properly lead a Court to continue embracing a prior constitutional interpretation that (by hypothesis) is not the best reading of the Constitution (were the Court writing on a clean slate.)A few years ago, for example, Justice Breyer in his dissent in Franchise Tax Board v. [read post]
31 May 2021, 9:01 pm by Vikram David Amar
To be sure, as Justice Thomas’s opinion for the Court a few years ago in Franchise Tax Board v. [read post]
13 Nov 2019, 6:58 am by Adam Feldman
Justice Clarence Thomas employed a similar tactic with his majority opinion in last term’s Franchise Tax Board v. [read post]
2 Oct 2019, 6:54 am by Stephen Wermiel
The court’s dissenters might have had the same concern in mind last May when Justice Stephen Breyer concluded his dissenting opinion in Franchise Tax Board of California v. [read post]
28 Jun 2019, 1:55 pm by Benjamin Battles
As an aside, this treatment of Bandemer was somewhat surprising given the heated debates about stare decisis seen in this term’s earlier decisions in Franchise Tax Board of California v. [read post]
27 Jun 2019, 4:00 am by Thomas Merrill
Township of Scott and Justice Stephen Breyer’s in Franchise Tax Board of California v. [read post]
26 Jun 2019, 1:11 pm by John Floyd
  The doctrine is not without significant legal controversy as evidenced by a May 13, 2019 decision by the Supreme Court in Franchise Tax Board of California v. [read post]
24 Jun 2019, 6:31 am by Jonathan H. Adler
Township of Scott raised the concern that the Court's conservative majority is showing undo concern for prior precedent, as did Justice Breyer's earlier dissent in Franchise Tax Board v. [read post]
22 Jun 2019, 8:55 am by Walter Olson
It also represents the second time this term the Court has overruled one of its precedents, following Franchise Tax Board of California v. [read post]