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29 Jun 2023, 9:31 am by Michael C. Dorf
The key, however, is that those are policy arguments, not necessarily constitutional ones.Justice Thomas goes on at length in his concurrence trying to establish that today's decision encapsulates the original understanding of the Fourteenth Amendment. [read post]
28 Jun 2023, 6:55 am by Emmanuel Didier
The ECB and the Courts, Alicia HinarejosEpilogue: Democratizing Fiscal Europe, Thomas Piketty and Antoine Vauchez [read post]
28 Jun 2023, 5:32 am by John Coyle
That framing recapitulates a key point in Gorsuch’s concurrence in Ford Motor Co. v. [read post]
27 Jun 2023, 8:55 pm by Lawrence Solum
Yuval Shany (Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute) has posted The Definition of Peaceful Assembly (Oxford Handbook of Peaceful Assembly, edited by Tabatha Abu El-Haj, Michael Hamilton, Thomas Probert and Sharath Srinivasan (2023, Forthcoming)) on SSRN. [read post]
27 Jun 2023, 2:14 pm by Eugene Volokh
Justice Barrett, joined by Justice Thomas, would have opted for what is basically a negligence standard (again, oversimplifying slightly). [read post]
27 Jun 2023, 9:34 am by Michael C. Dorf
The key is that Article II, Section 1, contains a provision that is relevantly similar to the parallel provision of Article I. [read post]
27 Jun 2023, 7:45 am
Pp. 11–26.That's the last opinion for today, per SCOTUSblog.Chief Justice Roberts wrote the opinion, with Justice Thomas dissenting, joined in full by Justice Gorsuch and in part by Justice Alito. [read post]
26 Jun 2023, 6:48 pm by Amanda Shanor
In a concurring opinion, Justice Clarence Thomas urged his colleagues to reconsider the overbreadth doctrine in a future case. [read post]
25 Jun 2023, 3:09 pm by Josh Blackman
Justices Gorsuch, Thomas, and Barrett found that the plaintiffs lack standing on redressability grounds. [read post]
23 Jun 2023, 9:32 pm by Josh Blackman
Here is the key passage: Here, the District Court's admission of Stillwell's confession, accompanied by a limiting instruction, did not run afoul of this Court's precedents. [read post]
23 Jun 2023, 3:46 pm by Jeffrey Bellin
The opinion’s key paragraph, described by Kagan as “blink-and-you-miss-it,” explains why: “Stillwell’s confession was redacted to avoid naming Samia, satisfying Bruton’s rule. [read post]
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]