To be fair to Kavanaugh, he is hardly the first or only originalist to stray from the faith in this case. Solicitor General D. John Sauer also claimed at oral arguments in Barbara that the president was responding to situations that the clause’s drafters did not anticipate. Roberts gave an originalist quip in response: “It’s […]
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Source: ALEX WROBLEWSKI / Getty Megyn Kelly has been going full Megyn KKKelly in regard to the subject of immigrants on U.S. soil, and how even the ones who are documented need to leave because they just can’t assimilate into whatever it is white conservatives think “American” culture is. So, it should surprise no one […]
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Roberts was joined by Justice Amy Coney Barrett, a fellow conservative, as well as the court’s three liberal members: Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Standing athwart the majority were Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh, who all wrote separate dissenting opinions. Thomas, who led the charge, argued […]
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Source: Alex Wong / Getty Calling this week’s spate of Supreme Court rulings a mixed bag would be an understatement. On Tuesday, the Supreme Court upheld a ban on transgender athletes and rejected an effort by the Trump administration to place restrictions on birthright citizenship. Like I said, a mixed bag. The Hill reports that […]
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“States do have some room to legislate around issues when there exists significant, and genuine, scientific debate,” Sotomayor wrote. “At this point, however, neither the District Court nor the Fourth Circuit has passed upon any of the available evidence or made the necessary factual findings about the state of the scientific debate. “The majority’s opinion […]
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Congress may establish independent agencies “to assist it with its functions,” Roberts claimed, but could not “foist those agencies upon the president, and thus deprive him of the ‘executive power vested [in him] by the Constitution.’” The president-as-victim framework is a defining trait of the unitary executive theory, which often paints the executive branch as […]
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Hamed Kian, the defendant in this case, is a chiropractor in Jupiter, Florida. State officials suspended Kian’s license in 2021 while they investigated allegations of sexual misconduct against him. Kian allegedly continued to treat patients in the years that followed, leading state prosecutors to bring five counts of practicing chiropractic medicine with a suspended license. […]
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“Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate,” Justice Brett Kavanaugh wrote in a concurring opinion. “And under ordinary principles of antitrust law, it is not evident […]
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Rather than allow Pitchford’s lawyers to challenge those strikes, the trial judge simply declared that each of them was race-neutral and moved on. This was implausible, as Pitchford’s lawyers later explained, because the prosecution had “deselected black people from the jury panel who had the same familial, living, social or marital circumstances as whites who […]
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That would also explain the parallel dissent filed by Justice Samuel Alito on Thursday night. Alito, the author of Dobbs, expressed his umbrage at the court for allowing mifepristone’s distribution by mail to go forward. “The Court’s unreasoned order granting stays in this case is remarkable,” he wrote. “What is at stake is the perpetration […]
Read More“I ‘Love’ Justice Neil Gorsuch! He’s a really smart and good man, but he voted against me, and our Country, on Tariffs, a devastating move,” Trump wrote. “How do I reconcile this? So bad, and hurtful to our Country. I have, likewise, always liked and respected Amy Coney Barrett, but the same thing with her. […]
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Alito claimed that he wasn’t simply reintroducing a discriminatory-intent test in his opinion, but it was not convincing. “The dissent states over and over again that our decision requires a Section 2 plaintiff to prove discriminatory intent,” he wrote, referring to Kagan’s dissent. When a discriminatory effect is shown, he continued, plaintiffs must then show […]
Read More Alito claimed that he wasn’t simply reintroducing a discriminatory-intent test in his opinion, but it was not convincing. “The dissent states over and over again that our decision requires a Section 2 plaintiff to prove discriminatory intent,” he wrote, referring to Kagan’s dissent. When a discriminatory effect is shown, he continued, plaintiffs must then show […]
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That plan fell apart, however, when Fox News election experts called Arizona for Biden on Election Night and demolished his hopes of proclaiming an early victory. (Whether this plan would have worked anyway is also doubtful, since Trump’s post-election lawsuits were consistently rejected by the courts.) Trump spent the post-election period claiming that he lost […]
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Justice Clarence Thomas went even further to make the baffling and novel argument that Congress could not delegate “core legislative power, which is the power to make substantive rules setting the conditions for deprivations of life, liberty, or property” to the executive branch, but could freely delegate the “power to impose duties on imports” and […]
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