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23 Jun 2023, 3:37 pm by Ronald Mann
The dissent of Justice Ketanji Brown Jackson (joined by Justices Elena Kagan and Sonia Sotomayor and for the most part by Justice Clarence Thomas) makes those points pretty successfully. [read post]
23 Jun 2023, 8:42 am by Hannah R. Albion
It is important to note that, notwithstanding the careful treatment of Rogers by the majority, Justice Gorsuch’s concurrence, joined by Justice Thomas and Justice Barret, devoted it’s entire one-paragraph substance to this single issue. [read post]
22 Jun 2023, 9:28 am by Michael C. Dorf
Accordingly, I ask readers to bear with me as I set the table for a discussion of what I regard as the key point.Jones posed the question of how to interpret 28 U.S.C. [read post]
21 Jun 2023, 9:05 pm by Alexandra Walsh
” In a similar vein, Justice Clarence Thomas wrote in 2020 that “Chevron is in serious tension with the Constitution, the APA, and 100 years of judicial decisions” by constraining judicial power. [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
Part I reviews the key stages in the development of the UN climate change regime. [read post]
20 Jun 2023, 5:58 am by Michael Stern
Recent weeks have seen a flurry of investigative activity on Capitol Hill, including probes by House committees into Hunter Biden and Manhattan District Attorney Alvin Bragg’s New York indictment of former president Donald Trump, demands by Senate committees for information about Supreme Court ethics rules and gifts received by Justice Clarence Thomas, a subpoena from the House Foreign Affairs Committee to obtain access to a key State Department document regarding the… [read post]
19 Jun 2023, 11:57 am by Ilya Somin
Robert Thomas has a helpful and detailed discussion of various aspects of this decision at the Inverse Condemnation blog. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
” (p. 306) The key to the book, therefore, is Professor Fritz’s definition of interposition. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
They often cite Federalist No. 70, in which Alexander Hamilton pointed to “unity” of the Executive as a key to achieving the “energy in the Executive” needed for government to operate effectively.Yet Federalist 70 can take us only so far. [read post]
14 Jun 2023, 6:30 am by Sandy Levinson
  That suggestion was found in the far more hot-headed draft of the Kentucky Resolution prepared secretly by then-Vice President Thomas Jefferson. [read post]
13 Jun 2023, 9:54 am
In re Pioneer IP Interests LLC, Serial No. 88637739 (June 7, 2023) [not precedential] (Opinion Judge Thomas W. [read post]
11 Jun 2023, 4:11 pm by Just Security
Trump Classified Documents Prosecution Trump Classified Docs Clearinghouse: All Key Documents in the Special Counsel Prosecution by Ryan Goodman (@rgoodlaw) Pending Supreme Court Case Complicates Special Counsel Smith’s Choices by Andrew Weissmann (@AWeissmann_) and Ryan Goodman (@rgoodlaw) National Security Implications of Trump’s Indictment: A Damage Assessment by Tess Bridgeman (@bridgewriter) and Brianna Rosen (@rosen_br) Expert Backgrounder: Secret Evidence in Public Trials… [read post]
11 Jun 2023, 6:01 am by Bradford Dismukes, Barry Blechman
An effective political and military strategy would have three key components: 1) establish a near-shore shipment corridor in the Black Sea defended by Ukraine and NATO; 2) initiate a Ukrainian counter-blockade of Russian naval forces; and 3) propose an international convention to guarantee the unfettered export of all the region’s grain and other foodstuffs. [read post]
9 Jun 2023, 7:00 am by Gene Takagi
Or for his scandalous secret payments to Ginni Thomas. [read post]
9 Jun 2023, 4:00 am by Jim Sedor
Justice Thomas Delays Disclosures After Reports of Travel, Property Sale MSN – Ann Marimow and Robert Barnes (Washington Post) | Published: 6/7/2023 Supreme Court Justice Clarence Thomas asked for more time to file annual financial disclosures after criticism that he failed to report luxury travel and real estate deals with a wealthy Republican donor. [read post]
8 Jun 2023, 9:01 pm by Michael C. Dorf
Holder, which gutted a key feature of the Voting Rights Act (VRA). [read post]