Tag: Breyer, Stephen G

Gunfight at the Supreme Court

I don’t know how the Second Amendment case the Supreme Court heard this week will turn out, but I do know this: If the subject weren’t so serious, the case in its current posture, with substantial doubt about whether there is even a dispute left for the court to decide, would be downright funny. For […]

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A Supreme Court Abortion Case That Tests the Court Itself

Under the rules that normally govern the American judicial system, the Louisiana abortion law at the center of a case the Supreme Court added to its docket last week is flagrantly unconstitutional. My goal in this column is to make visible not only the stakes in the case but also Louisiana’s strategy for saving its […]

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A Supreme Court Term Marked by Shifting Alliances and Surprise Votes

WASHINGTON — The Supreme Court term that ended on Thursday was expected to be a blood bath for its four-member liberal wing. Instead, shifting alliances produced a series of surprising liberal victories. Some were minor, and some were tentative. But in the end, the court’s liberals prevailed in fully half of the 14 rulings decided […]

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The Supreme Court Isn’t as Naïve as Trump Hoped

The Supreme Court affirmed a basic rule of the operation of government on Thursday: Federal agencies have to give believable reasons for the actions they take. The justices applied that rule to stop the Trump administration, at least for now, from wrecking the 2020 census. The decision in Department of Commerce v. New York shouldn’t […]

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Justice Breyer Raises Specter of Perpetual Detention Without Trial at Guantánamo

WASHINGTON — The Supreme Court on Monday refused to hear a lawsuit by a Yemeni man who has been held in wartime detention for more than 17 years at the military’s Guantánamo Bay prison, prompting Justice Stephen G. Breyer to warn that the American legal system is on autopilot toward permitting life imprisonment without trial. […]

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