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28 Jan 2023, 8:00 am by Guest Blogger
Indeed, Jackson’s active questioning is a sharp contrast to Justice Clarence Thomas, the Court’s other African American justice, who, until recently, was well-known for his taciturnity at oral argument. [read post]
25 Jan 2023, 6:30 am by Stephen Gillers
“To me,” Daniel Levin, the law firm’s counsel, replied, “that’s … clearly privileged,” which prompted Justice Clarence Thomas to ask: “Is there any non-trivial role that a lawyer plays in the example the chief gave that doesn’t meet your test? [read post]
23 Jan 2023, 1:44 pm by Amy Howe
Justice Samuel Alito, in an opinion joined by Justices Clarence Thomas and Neil Gorsuch, suggested that the court’s intervention was premature, while Justice Elena Kagan indicated only that she would have allowed the law to take effect. [read post]
19 Jan 2023, 1:25 pm by Amy Howe
Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett, along with Kavanaugh, joined the Alito opinion. [read post]
19 Jan 2023, 6:33 am by John Elwood
Almost two decades after the summary reversal in Watts, after a string of landmark criminal procedure holdings emphasizing the constitutional centrality of jury factfinding in criminal sentencing, Justice Antonin Scalia, joined by Justices Ruth Bader Ginsburg and Clarence Thomas, filed an opinion dissenting from denial of certiorari in a case challenging acquitted-conduct sentencing. [read post]
19 Jan 2023, 4:32 am by jonathanturley
In that earlier order, Justices Clarence Thomas and Samuel Alito joined with a statement that the court’s denial was not “expressing any view on the merits of the case. [read post]
18 Jan 2023, 1:53 pm by Amy Howe
Justice Clarence Thomas, who often asks the first question at each argument, quickly made clear where he stood. [read post]
17 Jan 2023, 9:10 am by Tom Smith
Ketanji Brown Jackson’s predecessor, Stephen Breyer, and Clarence Thomas—ideological opposites but quite friendly—would whisper and tell jokes during oral arguments. [read post]
13 Jan 2023, 3:13 pm by Amy Howe
Both the federal government (during the Trump administration) and three justices – Clarence Thomas, Samuel Alito, and Neil Gorsuch – had urged the court to do so, but it was not until Friday that the full court agreed to consider the question. [read post]
13 Jan 2023, 10:20 am by Ronald Mann
For example, Justice Clarence Thomas started the discussion by asking Mark Harris (appearing on behalf of the board) to “tease out a bit your basis for a territory having sovereign immunity. [read post]
13 Jan 2023, 7:26 am by Kalvis Golde
Chief Justice John Roberts expressed “fundamental concerns” regarding nonprofit class-action payouts in a case the court declined to review in 2013, and Justice Clarence Thomas did the same in a case the court ducked on procedural grounds in 2018. [read post]
12 Jan 2023, 9:05 pm by William McDonald
Justices Samuel Alito and Clarence Thomas commented that the law “presents novel and serious questions under both the First and Second Amendments,” but emphasized that a federal appellate court should address those issues first. [read post]
12 Jan 2023, 1:28 pm by lennyesq
. *** No justice publicly dissented from the decision, but Justice Samuel Alito, writing for himself and fellow conservative Justice Clarence Thomas, described the court’s action as procedural “rather than expressing any view on the merits of the case. [read post]
11 Jan 2023, 2:40 pm by John Elwood
While the court did not grant review, Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, wrote an opinion concurring in the denial of review in Patterson to say that although that case was not a suitable vehicle, Hardison should be reconsidered in an appropriate case. [read post]
Though no Supreme Court justices dissented from Wednesday’s decision, Justices Samuel Alito Jr. issued a statement, which Justice Clarence Thomas joined. [read post]
11 Jan 2023, 9:35 am by Ben Sperry & Kristian Stout
., its discussion on pp. 17-21 of the merits and demerits of Justice Clarence Thomas’s Malwarebytes concurrence). [read post]
11 Jan 2023, 9:08 am by Sharon Block
Justice Clarence Thomas probed whether Garmon is “normal” preemption or something more expansive. [read post]
11 Jan 2023, 7:37 am by Amy Howe
Justice Samuel Alito, joined by Justice Clarence Thomas, added a separate statement leaving open the possibility that the justices could still intervene if the appeals court does not move quickly to consider the challenge. [read post]
10 Jan 2023, 1:56 pm by Michael C. Duff
Justice Clarence Thomas underscored the concern: “That’s the leap that I’m having some difficulty with. [read post]
10 Jan 2023, 6:57 am by Stephen Gillers
“To me,” Levin replied, “that’s … clearly privileged,” which prompted Justice Clarence Thomas to ask: “Is there any non-trivial role that a lawyer plays in the example the chief gave that doesn’t meet your test? [read post]