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


Opinion analysis: Clarity on “clear evidence” of drug pre-emption?

In Merck Sharpe & Dohme v. Albrecht, the Supreme Court yesterday issued the latest in its burgeoning canon of drug pre-emption cases, offering clarity on the procedure for deciding pre-emption defenses, but little additional elucidation on the contours of those defenses. The court first held that judges, rather than juries, should decide whether FDA actions pre-empt state tort suits alleging failure to warn consumers of adverse effects. This is a strategic win for drug manufacturers, clarifying ...
Tags: Featured, Supreme Court, Law, Merck, Fda, Thomas, John Roberts, Albrecht, Alito, Levine, U S Court of Appeals, Stephen Breyer, Breyer, Clarence Thomas, Samuel Alito, Kavanaugh

Did Elizabeth Warren suddenly transform the abortion debate?

I'm about to read Andrew Sullivan's new column, "Elizabeth Warren Just Transformed the Abortion Debate."Warren, as you might have noticed, has come out in favor of what isn't a new idea but simply a seemingly newly urgent idea: protect the right to abortion with a federal statute. The idea is that it won't matter if the Supreme Court overrules Roe v. Wade if there's a federal statutory right. So, Congress, just pass that statute, if you can, and as long as there's no successful constitutional ch...
Tags: Law, Congress, Elizabeth Warren, Abortion, Clarence Thomas, Andrew Sullivan, Commerce Power

Is Roe v. Wade on life support?

In a 5-4 ruling last week, the United States Supreme Court tossed out a precedent that had stood for 40 years, and that might mean Roe v. Wade is on life support. Or not. Monday’s ruling had nothing to do with abortion laws. The case was Franchise Tax Board of California v. Hyatt, and the issue was whether the state of California could be sued in a Nevada court or whether states have sovereign immunity from private lawsuits in the courts of other states. Justice Clarence Thomas, writing for the ...
Tags: Supreme Court, Congress, California, Opinion, Massachusetts, Alabama, Sport, Soccer, United States, Connecticut, Philadelphia, Nevada, Delaware, Hyatt, Wade, U S Supreme Court

Biden rejects Trump's 'clenched fist' in appeal for Democratic and US unity

* Former vice-president launches campaign in Pennsylvania * Art Cullen: The Democratic frontrunners are too oldFormally launching his third presidential campaign, Joe Biden appealed for party and national unity while accusing Donald Trump of leading America with “a clenched fist, a closed hand and a hard heart”.Biden appeared at Eakins Oval in Philadelphia on Saturday afternoon, two days ahead of a Trump rally elsewhere in Pennsylvania, one of the states in which blue-collar swing voters delive...
Tags: News, Supreme Court, Obama, California, White House, Virginia, US, America, Barack Obama, Joe Biden, Pennsylvania, Neil Kinnock, Ohio, Philadelphia, Oakland, Biden

SCOTUS Wife Ginni Thomas Floated Anti-Fraud Campaign For ‘Questionable’ Precincts

Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, wanted to “target” the “most questionable” precincts in Virginia with an anti-voter fraud campaign, according to an October 2016 email exchange she had with a prominent voter fraud alarmist and other conservative activists. The emails were made public Friday in the litigation over a sensational report released by the group of the alarmist, J. Christian Adams, who also served on President Trump’s short-l...
Tags: News, Supreme Court, Obama, Virginia, Gop, Va, Republican, Donald Trump, Doj, Justice Department, Richmond, Trump, Thomas, Tierney Sneed, Black Panthers, Adams

Clarence Thomas cooperating with filmmakers for new documentary

Supreme Court Justice Clarence Thomas is cooperating with producers for a documentary expected to debut in 2020, nearly 30 years after his polarized confirmation hearings and amid recurring speculation over whether he is considering retirement.
Tags: Supreme Court, Cnn, Clarence Thomas

Radical Left Attacks & Tries To Silence Americans’ Support of Second Amendment

Opinion Part 6 Need to catch up? Read part Five here. Radical Left Attacks & Tries To Silence Americans' Support of Second Amendment New York – -( “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the gov...
Tags: New York, Guns, Congress, California, Montana, Washington, Court, New York Times, Andrew Cuomo, Free Speech, Albany, Cuomo, U S Supreme Court, McDonald, Clarence Thomas, Heller

U.S. Supreme Court Must Strike Down New York City Gun Control Rule

U.S. Supreme Court Must Strike Down New York City Gun Control Rule and Tell Lower Courts to Enforce the Actual Text of Our Constitution’s Second Amendment, Argue Three Second Amendment Groups WASHINGTON, D.C. –-( Today, counsel for Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and The Calguns Foundation (CGF) have submitted an important brief with the United States Supreme Court calling for the City of New York’s unconstitutional firearm law to be struck dow...
Tags: New York, Guns, Supreme Court, Washington, New York City, Court, Chicago, United States, U S Supreme Court, McDonald, United States Supreme Court, Clarence Thomas, Gene Hoffman, Heller, FPC, Jaffe

Wednesday round-up

Richard Re analyzes Monday’s opinion in Franchise Tax Board of California v. Hyatt, in which the court overruled a 40-year-old precedent and held that a state cannot be sued in the courts of another state without its consent, for this blog. At The NCSL Blog, Lisa Soronen observes that Justice Clarence “Thomas spent a mere page explaining why a majority of the justices were rejecting stare decisis (let the decision stand) in this case.” Howard Wasserman writes at PrawfsBlawg that “[t]here is no t...
Tags: Apple, Supreme Court, Law, Pepper, Atlantic, United States, Liberty, New York Times, Louisiana, App Store, District Of Columbia, Ruth Bader Ginsburg, Hyatt, Round-up, Roe, Kavanaugh

Opinion analysis: Hyatt fulfills expectations in a surprising way

In an already familiar 5-4 lineup, the Supreme Court has overruled Nevada v. Hall, which for 40 years has stood for the proposition that states generally lack sovereign immunity in one another’s courts. The new decision vindicates a legal position long held by conservatives, but it appears to endorse a loose approach to finding structural principles in the Constitution. The ruling also adopts a less than exacting view of stare decisis — hardly surprising for Justice Clarence Thomas, who wrote th...
Tags: Featured, Supreme Court, Law, California, Planned Parenthood, Time, Court, Georgia, Tennessee, Connecticut, Nevada, States, Hall, Hyatt, Marshall, Thomas

Clarence Thomas Just Showed How Supreme Court Would Overturn Roe v. Wade

Jason Reed/ReutersIn 1992, the Supreme Court looked poised to overturn Roe v. Wade, the landmark case protecting abortion rights. They didn’t, however, and the main reason was respect for precedent—specifically, the legal doctrine known as stare decisis, or “let the decision stand.” Would it do the same today, with over 250 laws meant to test the case pending in states across the country?An otherwise obscure case decided this week, Franchise Tax Board of California v. Hyatt, suggests that a majo...
Tags: News, Supreme Court, Court, Georgia, Ohio, Nevada, Hall, Hyatt, Thomas, Roe, Stephen Breyer, Breyer, Clarence Thomas, Hodges, Obergefell, Jason Reed

Justices spar over death penalty (Corrected)

Tensions over the death penalty resurfaced today at the Supreme Court. The justices declined to take up two petitions for review filed by death-row inmates in Alabama and Tennessee, in orders accompanied by opinions that were sometimes biting. The justices also took the unusual step of issuing new opinions relating to their decision in March to put the execution of a Texas inmate on hold. In the early morning hours on April 12, the Supreme Court cleared the way for Alabama to execute Christoph...
Tags: Texas, Featured, Supreme Court, Law, Court, Alabama, Tennessee, Johnson, Corrections, Thomas, Sonia Sotomayor, Buddhist, John Roberts, Murphy, Rahman, Howe

Supreme Court Turns Its Back On 40 Years Of Precedent, CC Susan Collins

State sovereign immunity is back with a vengeance.
Tags: Supreme Court, Law, Courts, Susan Collins, Clarence Thomas

Opinion analysis: Expanding the time for private suits under the False Claims Act

The Supreme Court on Monday expanded the time available under some circumstances to private parties, or relators, who bring whistleblower suits called “qui tam” actions under the False Claims Act, the Civil War-era statute meant to battle fraud in federal contracting. In Cochise Consultancy Inc. v. United States, ex rel. Hunt, the justices unanimously affirmed the federal appeals court’s holding that a second statute of limitations added to the FCA by Congress in 1986 applies to a relator-initia...
Tags: Featured, Supreme Court, Law, Congress, United States, Fca, Hunt, Thomas, U S Court of Appeals, Clarence Thomas, 11th Circuit, Goldstein Russell, Graham County, Merits Cases, David Engstrom, Cochise

Opinion analysis: Divided court allows antitrust lawsuit against Apple to continue

This morning a divided Supreme Court handed a major victory to the plaintiffs in a massive antitrust lawsuit against technology giant Apple. By a vote of 5-4, the justices allowed the lawsuit, brought by a group of iPhone users who allege that Apple is violating federal laws by requiring them to buy apps exclusively from Apple’s App Store, to go forward. In an opinion by its newest justice, Brett Kavanaugh, the court rejected Apple’s argument that the lawsuit should be shut down because the comp...
Tags: Apple, Featured, Supreme Court, Law, California, Illinois, Apple Inc, John Roberts, The Supreme Court, Howe, U S Court of Appeals, Elena Kagan, Clarence Thomas, Kavanaugh, Gorsuch, Merits Cases

Is the latest SCOTUS sparring in capital cases only likely to get worse and worse?

The question in the title of this post is prompted by today's Supreme Court developments in older capital cases, some of which I missed when just blogging here about the morning order list.   Specifically, I missed that Justice Alito penned a lenghty dissent to a stay in a capital case from Texas six week ago(!), which in turn prompted a four-page defense of the stay by Justice Kavanaugh.  (This discussion can be found at this link following the original stay.)   Adam Liptak summarizes all the a...
Tags: Texas, Supreme Court, Law, Christopher Lee, Alabama, New York Times, Christian, Thomas, Buddhist, Adam Liptak, Alito, Breyer, Stephen G Breyer, Elena Kagan, Clarence Thomas, Kavanaugh

With Abortion Cases On Horizon, Breyer Warns Of SCOTUS Eagerness To Overturn Precedent

Supreme Court Justice Stephen Breyer sounded the alarm about the court’s conservative majority’s eagerness to overturn decades-old precedent in a dissent to a 5-4 decision where the court reversed a 1979 ruling regarding state sovereignty. Breyer’s statement was widely interpreted to be a warning about Roe v. Wade, given that he teed up his warning with a reference to a 1992 abortion case that upheld the 1973 landmark decision enshrining the constitutional right to abortion. “Today’s decision...
Tags: News, Supreme Court, Court, Indiana, Abortion, Nevada, Dc, Hall, Hyatt, Trump, Thomas, Tierney Sneed, Roe, Stephen Breyer, Breyer, Clarence Thomas

TPUSA Member At UN Las Vegas ‘Removed’ From Organization Over ‘White Power’ Video

Turning Point USA, the Trump-aligned right-wing group trying to make conservatism cool on college campuses, had to deal with yet another incident of racism in its ranks Thursday: a video that showed the president of its University of Nevada, Las Vegas chapter endorsing “white power.” In a cell phone video surfaced by the anarchist news website It’s Going Down and other platforms, a man identified as the president of TPUSA-UNLV, Riley Grisar (above, left) is seen making the “a-okay” hand gestu...
Tags: News, Supreme Court, White House, Germany, Adolf Hitler, Trump, Owens, Kirk, Oval Office, International Business Times, UNLV, House Judiciary Committee, University of Nevada Las Vegas, Clarence Thomas, Donald Trump Jr, Eisenhower Executive Office Building

Putting Together the Big Picture on Suppressing America

Opinion Putting Together the Big Picture on Suppressing America: The Left's Masked Antifa Stooges. USA – -( If you put all the pieces of the Left’s efforts to crush dissent together, the picture is disturbing – and more than a little frightening. One of the key principles of playing go, or wei qi as the Chinese and Japanese call their favorite board game, is to look at the entire board before every move. To win, you must always have a sense of all the possibilities and your opp...
Tags: New York, Guns, Supreme Court, Congress, Washington, Virginia, America, Reagan, Conservative, United States, Margaret Thatcher, Lincoln, State Department, Republican Party, Newt Gingrich, Stalin

Thursday round-up

Briefly: At The Daily Caller, Kevin Daley reports on Vice President Mike Pence’s announcement yesterday at a Federalist Society conference that “[t]he Trump administration is searching for an appropriate case in which to ask the Supreme Court to end nationwide injunctions,” noting that some members of the court have signaled “receptiveness to such a challenge”: “Justice Clarence Thomas wrote a short concurring opinion to the 2018 travel ban decision that urges the high court to curtail nationwi...
Tags: Supreme Court, Law, Trump, Round-up, Thomas, Mike Pence, Clarence Thomas, Varela, Stanford Law School, Robert Gordon, Neil Gorsuch, Lamps Plus Inc, Kevin Daley

Mueller report: Democrats slam Republicans for 'stunning act of cynicism' – live

Nancy Pelosi and Chuck Schumer called Mitch McConnell’s ‘case closed’ speech ‘a brazen violation of the oath we all take’ in a joint letterSign up to the US briefing and get a new perspective 6.38pm BST Dr Jill Biden, wife of presidential candidate Joe, has joined her husband’s efforts to put the 1991 confirmation hearings of supreme court justice Clarence Thomas, accused of sexual harassment by Anita Hill – which hearing Joe Biden presided over as chairman of the judiciary committee – behin...
Tags: US, World news, Joe Biden, US news, Democrats, Mitch McConnell, Npr, Nancy Pelosi, Biden, Donald Trump, Joe, Anita Hill, McConnell, Chuck Schumer, Mueller, Clarence Thomas

Morning Docket: 05.06.19

* President Donald Trump has officially objected to special counsel Robert Mueller testifying before Congress via Twitter (obviously), putting himself at odds with his own Attorney General Bill Barr, who previously said he’d have no problem with Mueller’s testimony. [New York Times] * Justice Clarence Thomas, the high court’s longest-serving justice, may finally be having his moment in the sun. As a member of the more conservative SCOTUS majority, his views are finally being given more credence...
Tags: Supreme Court, Law, Bureau of Labor Statistics, New York Times, Associated Press, Donald Trump, Biglaw, Jersey Shore, Cohen, Michael Cohen, Mueller, Clarence Thomas, Davis Polk, Robert Mueller, New York Law Journal, Morning Docket

Monday round-up

Briefly: Richard Wolf reports for USA Today on litigation in the Supreme Court over Trump administration initiatives, noting that since Justice Brett Kavanaugh’s “high-wire confirmation last fall, the justices have sought a lower profile, although not always with success.” At CNN, Joan Biskupic writes that several “formal ethics grievances filed against Kavanaugh” “have been appealed to a conduct committee of the US Judicial Conference, the top policy-making arm of the third branch.” At AP, Jes...
Tags: Maryland, Supreme Court, Law, Ap, Cnn, Usa Today, North Carolina, Trump, Round-up, Jess Bravin, Richard Wolf, Clarence Thomas, Kavanaugh, JESSICA GRESKO, Joan Biskupic, Brett Kavanaugh

Joe Biden faces first 2020 test: his record on race

As Biden visits South Carolina, a battleground where black voters play a large role in determining the nominee, can he appeal to the party’s changing demographics? Joe Biden speaks during a rally in Des Moines, Iowa, on 1 May. Photograph: Charlie Neibergall/AP For months, Joe Biden has signaled his third run for president will be rooted in wooing back the white working-class voters who swung away from Democrats in 2016 and helped propel Donald Trump to the White House. But first, Biden faces...
Tags: News, Obama, Senate, White House, America, Barack Obama, Joe Biden, Cnn, Washington Dc, Dc, Biden, Donald Trump, Vermont, Delaware, South Carolina, Jim Crow

AP Top Stories May 4 P

Here's the latest for Saturday, May 4: Federal prosecutors rebuffed Michael Cohen's request to meet; Containment booms placed around jet than ran into river in Florida; Clarence Thomas is now longest-serving justice; London Zoo is home of Komodo dragon.            [Author: AP]
Tags: Florida, London, News, Ap, Michael Cohen, Clarence Thomas

UCI student has 2nd case of measles reported in Orange County

IRVINE – A UC Irvine graduate student has the second confirmed case of measles in Orange County this year, UCI officials say. “Yesterday evening, the Orange County Health Care Agency (OCHCA) notified UCI’s Student Health Center leaders that one of our graduate students has a confirmed case of the measles,” Chancellor Howard Gillman wrote in an online letter to “the UCI community” posted Saturday, May 4. School officials were told the student attended classes or was present while contagious at th...
Tags: Health, Facebook, News, Amc, Uncategorized, Sport, Soccer, Orange County, Los Angeles County, Michael Cohen, UCI, Irvine, Gillman, Clarence Thomas, HCA, UC Irvine

Justice Clarence Thomas’ moment may finally have arrived

By JESSICA GRESKO WASHINGTON — Clarence Thomas has been a Supreme Court justice for nearly three decades. It may finally be his moment. Many Americans know Thomas largely from his bruising 1991 confirmation hearing, when he was accused of sexual harassment charges by former employee Anita Hill — charges he denied. People may know he’s a conservative and has gone years without speaking during arguments at the court. But scholars say it would be wise to pay closer attention to Thomas. Thomas is no...
Tags: Politics, News, Supreme Court, Washington, Virginia, Sport, Soccer, Yale, Associated Press, Donald Trump, Ruth Bader Ginsburg, Kennedy, Robin, Trump, Thomas, Anita Hill

Justice Clarence Thomas’ moment may be now, some experts say

WASHINGTON (AP) — Clarence Thomas has been a Supreme Court justice for nearly three decades. It may finally be his moment. Many Americans know Thomas largely from his bruising 1991 confirmation hearing, when he was accused of sexual harassment charges by former employee Anita Hill — charges he denied. People may know he’s a conservative […]
Tags: News, Supreme Court, Washington, Ap, Nation, Thomas, Anita Hill, Clarence Thomas

Ask the authors: “Plain words, easily understood”

The following is a series of questions prompted by the publication of Lee C. Bollinger and Geoffrey R. Stone’s “The Free Speech Century” (Oxford University Press, 2019). As Justice Oliver Wendell Holmes famously suggested in 1919 in Schenck v. United States, the Supreme Court’s first attempt to interpret the First Amendment’s free speech clause, the “most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” But what does free s...
Tags: New York, Featured, Supreme Court, Law, Congress, Book Reviews, Alabama, America, United States, South Africa, United Kingdom, New York Times, Bill Cosby, Cosby, Ohio, Lincoln