Posts filtered by tags: Clarence `` Thomas[x]


Conservatives Demand Supreme Court Overrule Fake Facebook Court, Others Weigh In

On Wednesday, Facebook’s Oversight Board, the pseudo-legalistic, questionably independent body that the company claims has the power to review and potentially overrule official moderation decisions, issued its not-so-final proclamations regarding the status of Donald Trump’s account.Read more...
Tags: Facebook, Politics, Science, Instagram, Articles, Joe Biden, Software, Donald Trump, Operating Systems, Trumpism, Breitbart, Jim Jordan, Tom Cotton, Clarence Thomas, Frank Pallone, David Segal

Now, That’s A Satisfying Benchslap — See Also

This Bill Barr Benchslap Is Everything: This federal judge sees through the lies. Judge Loses His Cool: The allegations are startling. Rudy Giuliani Really Is A Terrible Lawyer: The subpoena was entirely expected. Will In-Person SCOTUS Mean A Quiet Clarence Thomas? Probably. Wanna Get A State Clerkship? There’s a law school for that.
Tags: Law, Rudy Giuliani, Clarence Thomas, See Also, Bill Barr Benchslap

Will Clarence Thomas Return To Silence Once Justices Return To Supreme Court?

He previously spent a decade without speaking once during oral arguments.
Tags: Supreme Court, Law, Courts, Quote Of The Day, Clarence Thomas, Will Clarence Thomas

How Amy Coney Barrett has changed the Supreme Court in ways Kavanaugh hasn't

Supreme Court Justice Amy Coney Barrett has aligned most often with Clarence Thomas and Neil Gorsuch in her first months on the bench. Yet as the court enters the final weeks of its annual session, Barrett is also separating herself from brethren on the right with a lower key, attention-deflecting manner.
Tags: Supreme Court, Cnn, Barrett, Clarence Thomas, Kavanaugh, Neil Gorsuch, Amy Coney Barrett, t. Supreme Court Justice

The morning read for Tuesday, May 4

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: Justice Clarence Thomas, Long Silent, Has Turned Talkative (Adam Liptak, The New York Times) Supreme Court declines to revisit precedent that restricts lawsuits from service members (Robert Barnes, The Washington Post) Justice Clarence Thomas says ex-West Point ...
Tags: Maryland, Supreme Court, Law, West Point, Washington Post, Associated Press, Round-up, Robert Barnes, Adam Liptak, Clarence Thomas, New York Times Supreme Court, Feres Doctrine, Clarence Thomas Long, Pete Williams NBC News Supreme Court, Meghann Myers Military Times Supreme Court

In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy case quietly frames profound issues of justice. But, doubtful readers, rest assured that Terry v. United States – which the Supreme Court will hear on Tuesday in the final argument of its 2020-21 term – packs so many swirling issues of great importance into an absurdly little case, it can hardly be believed. The national debate on historical racism in our criminal punishment sys...
Tags: Florida, Featured, Supreme Court, Law, Congress, White House, Barack Obama, United States, Aclu, Kardashian, Biden, Donald Trump, Terry, Justice Department, Jared, Trump

"Justice Clarence Thomas, who once went a decade without asking a question from the Supreme Court bench, is about to complete a term in which he was an active participant in every single argument...."

"The justices now ask questions one at a time, in order of seniority. Justice Thomas, who joined the court in 1991, goes second, right after Chief Justice John G. Roberts Jr., asking probing questions in his distinctive baritone....  If Justice Thomas’s questions differed from those of his colleagues, it was in their courtesy. He almost never interrupted lawyers, though he asked pointed follow-up questions if there was time left. Some of his most memorable comments were colorful asides. Over...
Tags: Supreme Court, Law, Louisiana, Thomas, Adam Liptak, Clarence Thomas, John G Roberts Jr, Unsaid Things, Race Consciousness, Ann Althouse, Georgetown 's Supreme Court Institute, Irv Gornstein

Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA

Pivotal gun rights case goes before the Supreme Court

In May 2016, the National Rifle Association endorsed Donald Trump for president. Chris Cox, the executive director of the NRA’s Institute for Legislative Action, said the group rarely endorsed a candidate so far in advance of an election, but that precedent was overridden by the members’ concern that the Second Amendment might not survive a Hillary Clinton presidency. Trump himself said, “The only way to save the Second Amendment is to vote for a person named Donald Trump.” Cox told the members ...
Tags: New York, Supreme Court, California, Opinion, New York City, Sport, Chicago, Soccer, Hillary Clinton, Antarctica, San Diego, Biden, District Of Columbia, Donald Trump, Metro, Trump

Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer

One new case, two issues of appellate procedure

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. A lot of movement on the relist front this week. The court granted review in relisted cases involving the first two amendments to the U.S. Constitution, summarily overturned a court of appeals decision in a relisted habeas case for the second time in a month, and denied leave to file an “original jurisdiction” lawsuit between two st...
Tags: Health, Featured, Maryland, Supreme Court, Law, United States, Johnson, DOE, Ericsson, Tcl, Ortiz, Scott, HARRIS, Allen, Dobbs, Fifth Third Bancorp

2A Incrementalism vs All or Nothing: Restoring Second Amendment Rights

Dean Weingarten on the steps of the Supreme Court. U.S.A. –-( This correspondent has been involved in the struggle to restore Second Amendment rights for more than 50 years. For much of that period, many of those who wanted the Second Amendment to be honored in the United States asked a simple question: Why doesn’t the NRA[or any other pro 2A group] bring a case to the Supreme Court? The assumption was the Supreme Court would rule in favor of the clear “shall not be infringed” ...
Tags: Utah, Guns, Supreme Court, Montana, US, Department Of Defense, Reagan, History, United States, Idaho, Alaska, Arizona, District Of Columbia, Fdr, Kennedy, Second Amendment

Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by pr...
Tags: Featured, Supreme Court, Law, John Roberts, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Stephen Breyer Sonia Sotomayor, Niz Chavez

Justices weigh available defenses to criminal re-entry for certain immigrants

The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. In Refugio Palomar-Santiago’s case, that prior removal order did exist. However, the Supreme Court’s 2004 decision in Leocal v. Ashcroft, decided after the entry ...
Tags: Featured, Supreme Court, Law, Congress, United States, Ross, Thomas, Sonia Sotomayor, Garcia, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan

Justices ponder narrow ruling in student speech case

The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school. Some justices expressed concern about whether allowing schools to regulate off-campus speech could sweep in too much speech by young people, while others worried that – particularly in the internet era – a contrary rule would give too little weight to the harmful effects that some speech, such as cyberbullying, can have at school even when it ...
Tags: Featured, Supreme Court, Law, Pennsylvania, Levy, Michael Jordan, Thomas, Sonia Sotomayor, Stewart, John Roberts, American Civil Liberties Union, Blatt, Roberts, David Cole, Howe, Alito

Court wrestles with Superfund contribution puzzle

Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump. The Navy created the dump during the 1940s...
Tags: Featured, Law, Navy, Massachusetts, United States, Wyoming, Epa, CWA, Environmental Protection Agency, Sonia Sotomayor, U S Navy, Sotomayor, Stephen Breyer, Clarence Thomas, Guam, Samuel Alito

SCOTUS To Hear NY Right-to-Carry Case; Stage Set for Gun Law Upheaval

The Supreme Court Could be setting the state for a major upheaval of gun control laws dealing with concealed carry, iStock-1020504756 U.S.A. –-( For the first time in more than a decade, the U.S. Supreme Court will take a Second Amendment case, this one dealing with the right to carry a concealed handgun for personal protection outside the home, possibly setting the stage for a major upheaval of restrictive gun control laws in several states dealing with the right to bear arms. ...
Tags: New York, Nbc, Maryland, Guns, Supreme Court, Scotus, Washington, New York City, Court, Nbc News, City, Cnn, Chicago, New Jersey, Fox News, Donald Trump

Court to take up major gun-rights case

Over a decade after it ruled that the Second Amendment protects the right to have a handgun in the home for self-defense, the Supreme Court agreed on Monday to decide whether the Constitution also protects the right to carry a gun outside the home. The justices’ announcement that they will take up a challenge to a New York law that requires anyone who wants to carry a gun in the state to show a good reason for doing so sets the stage for a major ruling on gun rights in the court’s 2021-22 term....
Tags: New York, Featured, Supreme Court, Law, New York City, District Of Columbia, Ruth Bader Ginsburg, Thomas, John Roberts, McDonald, Howe, U S Court of Appeals, City of Chicago, 7th Circuit, Clarence Thomas, Samuel Alito

Meandering argument sheds little light on mandatory awards of costs of appellate litigation

Wednesday’s argument in City of San Antonio v. considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. It turns out, at least as far as the argument suggests, that nothing about that question is simple or obvious. The case involves two subsections of Rule 39 of the Federal Rules of Appellate Procedure. The first question is which party should pay costs. All agree that s...
Tags: Supreme Court, Law, Circuit, San Antonio, Thomas, John Roberts, Barrett, Sotomayor, Stephen Breyer, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Gorsuch, Merits Cases

Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

The justices explored possible ways to limit the doctrine of patent assignor estoppel during oral argument in Minerva Surgical Inc. v. Hologic Inc. on Wednesday. The doctrine works like this. An inventor files a patent application on an invention and assigns the patent rights to an assignee — perhaps in exchange for money from the assignee, or perhaps as part of a contract with the inventor’s employer. After a patent issues, the assignee contends that the inventor has infringed the patent. In t...
Tags: Featured, Supreme Court, Law, Wolf, John Roberts, Minerva, Stephen Breyer, Elena Kagan, Clarence Thomas, Hologic Inc, Ratner, Hologic, Hochman, Merits Cases, Neil Gorsuch, Robert Hochman

Supreme Court rejects life term limits on minors

By Jessica Gresko | Associated Press WASHINGTON — The Supreme Court made it easier Thursday to sentence minors convicted of murder to life in prison without the possibility of parole, a ruling that reflects a change in course driven by a more conservative group of justices. In a dissent, a liberal justice accused her colleagues of gutting earlier decisions that said life without parole sentences for people under age 18 should be rare. The current case, which involved a Mississippi inmate and a ...
Tags: Mississippi, Supreme Court, California, Washington, Court, Sport, Soccer, Associated Press, District Of Columbia, Ruth Bader Ginsburg, Kennedy, Jones, Sonia Sotomayor, John Roberts, Sotomayor, Clarence Thomas

Court upholds life-without-parole sentence for Mississippi man convicted as juvenile

This article was updated on Thursday, April 22, at 7:40 p.m. The Supreme Court on Thursday declined to impose new restrictions on the ability of states to sentence juveniles to life without parole, rejecting a challenge from a Mississippi man, Brett Jones, who was convicted of the 2004 stabbing death of his grandfather, a crime committed when Jones was 15. Jones had argued that two recent Supreme Court decisions on mandatory life-without-parole decisions for juveniles – the court’s 2012 decisio...
Tags: Featured, Mississippi, Supreme Court, Law, Alabama, Louisiana, Jones, Montgomery, Miller, Thomas, Sonia Sotomayor, The Supreme Court, Howe, Sotomayor, Stephen Breyer, Elena Kagan

Justices reject issue-exhaustion requirement for Social Security claimants

The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. Carr v. Saul considered whether Social Security claimants are required not only to go through the administrative process before seeking relief in court, but whether they must raise before the agency all of the issues they will present when they get to court. The court ruled 9-0 that claimants need not rai...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Carr, Sonia Sotomayor, Saul, Sotomayor, Stephen Breyer, Clarence Thomas, Merits Cases

Is there an "adultification bias" that "uniquely plagues Black girls"?

I'm reading "The Columbus mayor called Ma’Khia Bryant a ‘young woman.’ Here’s why people are angry. Some said it exemplified ‘adultification bias’ against the Black 16-year-old girl who was fatally shot by police" (The Lily/WaPo): Earlier that night, Columbus Mayor Andrew Ginther (D) took to Twitter to share news of the killing, calling Ma’Khia a “young woman.” Replies quickly poured in, noting that Ma’Khia was a child — not an adult. At the news conference a few hours later, Ginther acknowledge...
Tags: Crime, Mississippi, Supreme Court, Law, Police, Court, Journalism, Teenagers, Abortion, Ohio, Bill, Columbus, Jim Crow, Black, Jones, Montgomery

Lina Khan’s timely tech skepticism makes for a refreshingly friendly FTC confirmation hearing

One never knows how a confirmation hearing will go these days, especially one for a young outsider nominated to an important position despite challenging the status quo and big business. Lina Khan, just such a person up for the position of FTC Commissioner, had a surprisingly pleasant time of it during today’s Senate Commerce Committee confirmation hearing — possibly because her iconoclastic approach to antitrust makes for good politics these days. Khan, an associate professor of law at Columbia...
Tags: Google, Amazon, TC, Facebook, Government, Tech, Nasa, House, Antitrust, Khan, Biden, Columbia, Ftc, Google Facebook, Amazon Antitrust, Commerce Department

Horseshoe Theory, Now on the Blockchain

Republicans whining about how social media moderators are violating their inalienable right to lucrative follower counts have found an ally in Supreme Court Justice Clarence Thomas.Read more...
Tags: Google, Facebook, Mark Zuckerberg, Twitter, Science, Pinterest, Supreme Court, Social Media, David Cameron, Snapchat, Software, Nick Clegg, Computing, Donald Trump, Twitch, Operating Systems

Conservatives embrace their own form of ‘wokeness’

SACRAMENTO – This week’s column set out to highlight the expected Democratic attack on free speech and free enterprise. I had been following news reports that U.S. Rep. David Cicilline of Rhode Island, the chairman of a House anti-trust subcommittee, is about to introduce 10 bills that take aim at the nation’s big technology companies. For instance, the preamble to the Cicilline panel’s 449-page report, released in October, complained that tech firms “that once were scrappy, underdog startups th...
Tags: Amazon, Facebook, Florida, Supreme Court, Congress, California, Opinion, Sacramento, America, Georgia, Sport, Joe Biden, Delta Airlines, Soccer, Gop, House

Justices validate Google’s use of Java platform in Android software code

Monday’s decision in Google v. Oracle reminds us that occasionally the Supreme Court can take a big case and actually decide it! So many of the intellectual-property cases that reach the justices reflect minor circuit conflicts of largely technical interest or end up with a decision so narrow as to contribute little to the development of the law. Google is not that kind of decision. Justice Stephen Breyer’s opinion for a 6-2 majority decisively rejects Oracle’s challenge to Google’s use of comp...
Tags: Google, Featured, Supreme Court, Law, Ford, Java, Oracle, Sun Microsystems, Roy Orbison, Richard Nixon, Stephen Breyer, Breyer, Android Google, Clarence Thomas, Samuel Alito, Gerald Ford

GOP politicians push back against brands over voting rights: Tuesday Wake-Up Call

Welcome to Ad Age’s Wake-Up Call, our daily roundup of advertising, marketing, media and digital news. If you're reading this online or in a forwarded email, here's the link to sign up for our Wake-Up Call newsletters. Georgia on my mind Republican lawmakers are pushing back against companies that are calling out new voting restrictions passed by the Georgia state legislature. Last week, Major League Baseball announced it would move the 2021 All-Star Game out of the state, while execs at Del...
Tags: Google, Facebook, New York, Supreme Court, Senate, Boston, Advertising, Georgia, Gop, Mitch McConnell, Republican, Cleveland, Major League Baseball, Oracle, Red Sox, WPP

Daily Crunch: The Supreme Court sides with Google in Oracle suit

The Supreme Court announces several tech-related rulings, LG will shut down its smartphone business and we take a deep dive into the story of StockX. This is your Daily Crunch for April 5, 2021. The big story: The Supreme Court sides with Google in Oracle suit The U.S. Supreme Court announced a couple of tech-related rulings today. In one, it overturned Oracle’s victory in its copyright battle with Google, which would have otherwise required Google to pay Oracle $8 billion for incorporating piec...
Tags: Google, Amazon, Facebook, Supreme Court, China, India, US, Tech, Policy, Lg, EC, Donald Trump, Detroit, Oracle, Emarketer, U S Supreme Court