Tag: Samuel Alito

The Next Big Threat to American Democracy Is Headed to the Supreme Court

Since that ruling seven years ago, the court’s composition has significantly changed. Three of the four dissenting justices—Roberts, Justice Clarence Thomas, and Alito—are still on the court. The seat held by the fourth dissenter, Antonin Scalia, is now held by Justice Neil Gorsuch, who has himself written opinions that suggest he would favor the theory. […]

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Samuel Alito Believes That Christians Are Oppressed in America

That supposed persecution, Alito, Barr, and others have argued, is unmooring the United States from its cultural roots. “I’m reminded of an experience I had a number of years ago in a museum in Berlin,” Alito recounted. “One of the exhibits was a rustic wooden cross. A young and affluent woman, a well-dressed woman, and […]

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The Supreme Court’s Conservatives Love a Good Story, Facts Be Damned

If anything, Sotomayor may have understated things. When the case went through the Ninth Circuit Court of Appeals, Judge Milan Smith chastised some of his more conservative colleagues for giving an incomplete account of how Kennedy’s dispute had unfolded. “Kennedy engaged in private prayer for several years,” he wrote. “But when BSD learned that he […]

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How the Calvinball Supreme Court Upended the Bar Exam

What’s more, it raises fundamental questions about the meaning of “the rule of law” in America today. This concept has been a foundational premise (perhaps, in our own mythmaking at least, the foundational premise) of American government since our founding—that we are, as John Adams put it, “a government of laws, not of men.” The […]

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Sure, Impeach Clarence Thomas—but That’s Just for Starters

That’s the only sword Democrats and liberals have. They have to threaten to use it. Reminding the voting public again and again that the conservatives all lied their way onto the court will help lower their stature, and lowering their stature is the only way to pressure them to care about raising it by not […]

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Impunity Had a Great Year at the Supreme Court

This time, Justice Sonia Sotomayor wrote the dissent, faulting the majority for inventing new standards and coming close to making things up to achieve a favorable outcome for the agent. “Existing precedent permits Boule to seek compensation for his injuries in federal court,” she wrote. “The Court goes to extraordinary lengths to avoid this result: […]

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The Supreme Court Appoints Itself to Be America’s Regulatory Czar

Although the EPA’s reading of “best system” was substantively accurate, and, indeed, essential to the agency’s assigned mission of cost-effectively and permanently bringing carbon dioxide emissions under control, Roberts disallowed the approach. This, he asserted, was because it ran afoul of something called the “major questions” doctrine. Revealingly, Roberts never defined precisely what he understood […]

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