Justice Clarence Thomas filed an opinion concurring in part and concurring with the judgement, which Justices Samuel Alito and Neil Gorsuch joined.
|
|
In a concurring opinion, the chief justice underscored the limitations Justice Kagan set out and said there was little daylight between the majority and a concurring opinion from Justice Neil M. Gorsuch.
|
|
It inspired an almost plaintive concurring opinion from Justice Kennedy.
|
|
Justice Clarence Thomas filed an opinion concurring in the judgment.
|
|
Three commissioners — LaFleur, Chatterjee, and Glick — wrote separate, concurring statements.
|
|
She ended up approving in part and concurring in part.
|
|
On June 278, he wrote a concurring opinion in Gamble v.
|
|
In 24, Anthony Kennedy filed a concurring opinion in Davis v.
|
|
Justices Clarence Thomas, Samuel Alito and Gorsuch wrote separate concurring opinions.
|
|
In a concurring opinion in the 2015 case of Davis v.
|
|
In 2015, Anthony Kennedy filed a concurring opinion in Davis v.
|
|
"Vague laws invite arbitrary power," Gorsuch wrote in a concurring opinion.
|
|
He wrote a concurring opinion, he did not write a dissent.
|
|
Ho joined Jones' opinion, and wrote his own, one-page concurring opinion.
|
|
But Thomas's concurring opinion offered a warning to those celebrating the ruling.
|
|
For example, in his concurring opinion in Comcast Cable Communications, LLC v.
|
|
On Tuesday, she issued a concurring opinion in a case concerning arbitration.
|
|
In his concurring opinion, Justice Thomas agreed that the provision was unconstitutional.
|
|
But Judge Daniel Manion, in a concurring opinion, took a very different path.
|
|
Thomas, joined by Gorsuch, wrote a concurring opinion agreeing with the majority's decision.
|
|
Chief Justice John Roberts wrote an opinion concurring in the judgment outlining those markers.
|
|
Justice Sotomayor later cited Yellowbear in her concurring opinion in Becket's case, Holt v.
|
|
As Supreme Court Justice Clarence Thomas wrote in his concurring opinion in Evenwel v.
|
|
Their concurring opinion reads like a declaration of independence in a post-Scalia world.
|
|
Justice Clarence Thomas issued a concurring opinion that called the procedure gruesome and unconstitutional.
|
|
In a concurring opinion, Justice Ruth Bader Ginsburg said that was not always so.
|
|
In a concurring opinion, Justice Kagan, joined by Justice Breyer, seems to suppose so.
|
|
She frequently filed concurring opinions that sought to narrow the scope of majority rulings.
|
|
Last year, in a concurring opinion in an immigration case called Gutierrez-Brizuela v.
|
|
In an unusual move, Chief Justice Roberts suggested her concurring opinion should be disregarded.
|
|
He often writes concurring and dissenting opinions that are joined by no other justice.
|
|
Justice Sotomayor, writing a solo concurring opinion, explicitly called the third party doctrine into question.
|
|
His brief concurring opinion emphasized that the result comported with two of his longstanding views.
|
|
In a concurring opinion, Justice Sonia Sotomayor joined only that part of Justice Thomas's opinion.
|
|
Instead, he wrote a narrower concurring opinion laying out his own views on the matter.
|
|
Gorsuch's concurring opinion in New York was joined by one other justice — Justice Clarence Thomas.
|
|
In one case, Gorsuch even attached a separate concurring opinion to his own majority opinion.
|
|
He pointed to a concurring opinion in a Supreme Court case in 1972, Branzburg v.
|
|
In a concurring opinion, Justice Thomas wrote that the court had made things too complicated.
|
|
And Justice Breyer reiterated his wider critique of the death penalty in a solo concurring opinion.
|
|
Justice Stephen Breyer, of the court's liberal wing, wrote a separate opinion concurring with the judgment.
|
|
Abbasi, Justice Clarence Thomas wrote a concurring opinion that cited Baude's work and echoed his concerns.
|
|
In a 2015 concurring opinion, for instance, Justice Kennedy seemed to call for a fresh challenge.
|
|
In a concurring opinion in the 2007 school segregation case, Parents Involved in Community Schools v.
|
|
As Judge William Pryor wrote in a concurring opinion, criminalizing medical advice is a slippery slope.
|
|
As Justice Ruth Bader Ginsburg implied in her concurring opinion, this ruling was a no-brainer.
|
|
Discrimination "is not simply dollars and cents, hamburgers and movies," he wrote in a concurring opinion.
|
|
Enter Gorsuch: In 2016, he took the unusual step of issuing a separate concurring opinion criticizing Chevron.
|
|
Gorsuch wrote a separate, concurring opinion that stressed the importance of the country's tradition of religious freedom.
|
|
Justice Anthony Kennedy wrote the opinion, and Justices Clarence Thomas and Neil Gorsuch each filed concurring opinions.
|
|
Justice Thurgood Marshall endorsed such a reform in his concurring opinion in the 1986 case Batson v.
|
|
The Philippines Senate is moving a resolution concurring with the Paris climate agreement, the Philippines Star reports.
|
|
And she seems to refrain from writing concurring opinions if she can join in with the others.
|
|
Justice Kavanaugh signed the majority opinion and then, in a separate concurring opinion, proceeded to sugarcoat it.
|
|
In a concurring opinion, Justice Kennedy said the First Amendment bars compelling people to betray their beliefs.
|
|
In a concurring opinion, Justice Kavanaugh wrote that the question before the court was a narrow one.
|
|
Justice Ruth Bader Ginsburg's biting concurring opinion smacks down the argument that HB 2 safeguards women's health.
|
|
Kennedy wrote a concurring opinion then saying an accommodation like the one now at issue could be acceptable.
|
|
"Today's decision rights a grave constitutional wrong by the government," Judge Patricia Millett wrote in her concurring opinion.
|
|
Only Justice Kavanaugh, in a two-page concurring opinion signed by no other justice, laid out a case.
|
|
In his concurring opinion in Pereira, Kennedy goes out of his way to amplify both sets of concerns.
|
|
A concurring judge could kill-off the island's public services, which the debt crisis has already wounded badly.
|
|
"Formally rejecting Auer would have been a more direct approach," Justice Brett Kavanaugh wrote in a concurring opinion.
|
|
That is true enough, but the simple headline ignores the implications of Justice Elena Kagan's unusual concurring opinion.
|
|
In his concurring opinion, Thomas implicitly questioned whether the law could survive a frontal challenge to its constitutionality.
|
|
In a concurring opinion, Justice Kavanaugh used a baseball analogy to describe why the Auer decision was wrong.
|
|
In a concurring opinion, Justice Alito underscored the majority's central point and connected it to broader contemporary controversies.
|
|
Judge Katzmann explained the reason for the paucity of such proceedings in a concurring opinion in Ricci v.
|
|
"The routine issuance of universal injunctions is patently unworkable," Justice Neil Gorsuch wrote in a concurring opinion. 5.
|
|
In a concurring opinion, Justice Sandra Day O'Connor said she would reach the same result through other means.
|
|
In a concurring opinion in the travel ban case, Justice Kennedy shows some discomfort with this double standard.
|
|
Judge Paul J. Watford, who had expressed skepticism about the process, relayed those concerns again in his concurring opinion.
|
|
"Really, this case just tells an old and familiar story," he wrote in his concurring opinion in Cougar Den.
|
|
The three Democratic commissioners approved the deal — with Democratic Commissioner Mignon Clyburn approving in part and concurring in part.
|
|
Circuit Judge Dennis Jacobs, in a concurring opinion, called Chaves' leaks "in some respects more egregious" than Walters' crimes.
|
|
But five justices in concurring opinions expressed unease with the government's ability to vacuum up troves of private information.
|
|
"Targeted Regulation of Abortion Providers laws ... cannot survive judicial inspection," Justice Ruth Bader Ginsburg wrote in a concurring opinion.
|
|
In a 2015 concurring opinion, Justice Anthony M. Kennedy seemed to call for a fresh challenge to the decision.
|
|
Justice Anthony Kennedy, in a concurring opinion in 2015, seemed to call for a fresh challenge to the ruling.
|
|
There&aposs no rhetoric in any of the majority or concurring opinion say, yes, this is absolutely necessary, et cetera.
|
|
Challengers say he would, based upon a concurring opinion he wrote in 2015 in a case called Kerry v. Din.
|
|
In a concurring ruling, one of the appeals court judges openly pleaded for legislative action to revise the existing law.
|
|
The speech came just months after a high-profile 10th Circuit judge wrote a concurring opinion eviscerating the Chevron ruling.
|
|
His vote in that case — and concurring opinion — were fairly consistent with his thirty-year tenure on the Supreme Court.
|
|
But he also wrote a concurring opinion urging politicians to be careful when they talk about religion and religious freedom.
|
|
In a concurring opinion, which no other justice joined, Thomas referred to the court's 1992 decision in Planned Parenthood v.
|
|
In a concurring opinion, Justice Ginsburg suggested that the allegations might be sufficient to allow the case to move forward.
|
|
In a concurring opinion, Justice Thomas, joined by Justice Gorsuch, called on the court to overrule the Bivens decision entirely.
|
|
Jones, 132 S. Ct. 945, 954-57 (2012) (Sotomayor, J., concurring), the Fourth Amendment does not bar all searches and seizures.
|
|
"A newer memorial, erected under different circumstances, would not necessarily be permissible under this approach," Breyer wrote in a concurring opinion.
|
|
Sonia Sotomayor, joined by fellow liberal justice Ruth Bader Ginsburg, wrote a concurring opinion stressing the narrow nature of the decision.
|
|
He wrote the fewest opinions of all justices, 11, according to a SCOTUSblog count of all majority, concurring and dissenting statements.
|
|
The travel ban's challengers have relied in part on a concurring opinion Kennedy wrote in a 2015 Supreme Court immigration case.
|
|
But in a concurring opinion in a case on the 10th Circuit last year, Gorsuch argued that Chevron should be reconsidered.
|
|
In a concurring opinion, Justice Sonia Sotomayor said Ayestas has made "a strong showing" that he is entitled to the funding.
|
|
To be sure, Justice Elena Kagan penned concurring opinions in those cases mapping out potential return trips to the high court.
|
|
In a four-page concurring opinion, they made clear their determination to hold up this case, Department of Homeland Security v.
|
|
While siding with the majority, Kennedy's concurring, moderating views provided the controlling legacy for the use of racial criteria in the future.
|
|
But Judge Raymond Lohier rebutted that thinking in a concurring opinion, saying that Judge Lynch was misguided to speculate on Congress's intent.
|
|
In an opinion partially concurring with and partially dissenting from Justice Kagan's ruling, Justice Sotomayor warned the decision "will beget unfortunate results".
|
|
Breyer, in a concurring opinion joined by Kagan, wrote that the case would be different if the cross had been erected recently.
|
|
In 2017, he wrote a concurring opinion in an unremarkable civil-forfeiture case that questioned the legitimacy and legality of the practice.
|
|
Justice Neil Gorsuch filed an opinion, which Justice Clarence Thomas joined, concurring in part and dissenting in part from the court's decision.
|
|
But not only did he refrain from writing separately, he also declined to join the concurring opinion put forward by the liberals.
|
|
That was the consistent opinion of 11 First Amendment experts consulted by Ronald K. L. Collins for the Concurring Opinions law blog.
|
|
The court's chief justice at the time, Ronald Castille, wrote a concurring opinion criticizing the lower court's ruling for "condemning" the prosecutors.
|
|
Roberts and the four justices concurring with him — Anthony Kennedy, Clarence Thomas, Samuel Alito and Neil Gorsuch — were appointed by Republican presidents.
|
|
In fact, Texas may have rendered it moot with a move it made last week in response to Justice Kavanaugh's concurring opinion.
|
|
In a concurring opinion, Justice Elena Kagan set out a detailed road map for how such claims could be framed and presented.
|
|
Notably, a few of the justices wrote in concurring opinions that suggested impeachment determinations might not be entirely immune from judicial review.
|
|
"The Constitution itself is silent on abortion," Thomas wrote in a concurring opinion that also spent 15 pages discussing the history of eugenics.
|
|
The five concurring justices articulated a different view that extensive surveillance—even in public—could fall under the scope of the 4th Amendment.
|
|
In an opinion concurring with today's decision Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg emphasized the impact of the supplemental briefs.
|
|
Justice Clarence Thomas said in a case concurring opinion Monday the Supreme Court should not feel bound to uphold precedent in reaching decisions.
|
|
"Governments must not be allowed to force persons to express a message contrary to their deepest convictions," Kennedy wrote in a concurring opinion.
|
|
Acting FTC Chair Maureen Ohlhausen issued a concurring statement, calling for a further examination to clarify what consumer data is considered especially sensitive.
|
|
The conservative member would write the majority opinion, while the liberals would rarely file a concurring opinion that would create friction with it.
|
|
In briefs, his attorney points to a concurring opinion Gorsuch wrote in 85033 while a judge on the 10th Circuit Court of Appeals.
|
|
But in a concurring opinion, the court's four liberal justices laid out a road map for a challenge to reach the Supreme Court.
|
|
Their broadly worded concurring opinion did not even reference the original meaning of the First Amendment's "free exercise" clause, probably because they couldn't.
|
|
One of his final opinions was an opinion concurring in the 5-to-4 decision that upheld the Trump administration's Muslim travel ban.
|
|
Though the majority did not explain its decision, Justice Neil Gorsuch did pen a concurring opinion to which it is worth paying attention.
|
|
But in a concurring statement, Justice Clarence Thomas wrote that the Court would need to make a decision soon on laws like Indiana's.
|
|
In their separate concurring opinions, Justices Stephen Breyer (on the left) and Brett Kavanaugh (on the right) both praised Justice Alito's opinion as "eloquent".
|
|
Investment bank Morgan Stanley predicted a $22-$45 trading range for U.S. crude in an oversupplied but volatile market, concurring with several analysts' views.
|
|
Symantec, but a concurring decision also gives patent reform advocates a lot to be excited about, potentially making patent trolling a first amendment issue.
|
|
His concurring opinions and dissents have long offered an unorthodox view of the court's precedents and practices that set him apart from his colleagues.
|
|
In that case, Kennedy wrote a concurring opinion that said the accommodation for nonprofits and hospitals could be a solution for the private sector.
|
|
Singling out abortion for regulation that can't be justified on medical grounds is unacceptable, as Justice Ruth Bader Ginsburg emphasized in a concurring opinion.
|
|
Investment bank Morgan Stanley predicted a $25-$45 trading range for U.S. crude in an oversupplied but volatile market, concurring with several analysts' views.
|
|
" In a concurring opinion, Justice Lewis Powell wrote, "I cannot say that conduct condemned for hundreds of years has now become a fundamental right.
|
|
Meanwhile, a concurring opinion written by Justice Elena Kagan and joined by the Court's three other liberals sharply criticized the "evils" of partisan gerrymandering.
|
|
Kennedy wrote in a concurring opinion that in some circumstances the U.S. government's motives in denying someone entry could be subject to legal review.
|
|
Jones is a bizarre case because five justices wrote or joined concurring opinions that suggested a much bolder approach to the reasonable expectation of privacy.
|
|
It will be Trump's first event of the day, likely concurring with the expected release of a redacted version of special counsel Robert Mueller's report.
|
|
In a concurring opinion, Justice Samuel Alito was sceptical of the idea that total population is the only figure reconcilable with the nation's democratic ideals.
|
|
Justice Sonia Sotomayor wrote a concurring opinion in which she called on the court to revisit the third-party doctrine in light of technological advances.
|
|
Among the riskier procedures the state didn't similarly regulate: home births, colonoscopies, liposuction and (from Justice Ruth Bader Ginsburg's concurring opinion) tonsillectomies and dental surgery.
|
|
It included a concurring opinion from Justice Hugo Black, an Alabamian who reportedly voted over the objection of his wife, a regular diner at Ollie's.
|
|
But three of the court's more liberal justices filed concurring opinions saying the case presented a substantial legal question to which the court should return.
|
|
The revised draft was circulated inside the National Security Council on Thursday, with a deadline for concurring or providing comment by Friday, one official said.
|
|
In a concurring opinion in the Bartnicki case, Justice Stephen G. Breyer said that it mattered that the union officials were minor-league public figures.
|
|
As soon as he joined the bench last April, Gorsuch began writing more opinions (in dissent and as concurring statements) than most of his colleagues.
|
|
The Senate voted to pass the measure by a 85033-22 vote, according to The Associated Press, after concurring on changes made in the House.
|
|
Goodyear Tire & Rubber Company, and has defended women's right to privacy when it comes to abortion, writing on the concurring opinion for Whole Woman's Health v.
|
|
" Her stylist Anita Patrickson agreed completely, concurring, "It's so clean and elegant and didn't feel too overwhelming amongst the glitz and the glam of the show!
|
|
Two other justices found the search lawful in a concurring opinion that nonetheless deemed consent while unconscious a "metaphysical impossibility," reasoning that consent was not required.
|
|
But Justice Anthony Kennedy at the time wrote a concurring opinion casting into doubt the 1992 precedent that the challengers cited in support of their argument.
|
|
"All that remained between the promise of Roe and the darkness of the [Webster] plurality was a single, flickering flame," he wrote in his concurring opinion.
|
|
Justice Anthony Kennedy, who sided with the majority and might again have been the swing vote, also offered interesting comments in a two-page concurring opinion.
|
|
Jubelirer, Justice Kennedy, concurring only in the result, wrote: I do not understand the plurality to conclude that partisan gerrymandering that disfavors one party is permissible.
|
|
An earlier version of this article gave an incorrect first name for a federal judge who issued a concurring opinion in the case of Microsoft v.
|
|
Kagan, writing for the liberals on the bench, agreed the case should be sent back, but in a concurring opinion offered a roadmap for future challenges.
|
|
Griffith, who announced plans to retire last week, wrote in a concurring opinion on Tuesday that the grand jury case is distinct from the McGahn case.
|
|
Justice Neil M. Gorsuch, joined by Justice Clarence Thomas, issued on Monday a concurring opinion addressing what they said was the growing problem of nationwide injunctions.
|
|
In concurring opinions, Justices Alito and Gorsuch wrote that they would have gone further, expressing doubts about whether the court has interpreted the 1789 law correctly.
|
|
Though the discredited decision from the Alabama high court turned on procedural arcana, the agenda fueling the ruling was unmistakable in a concurring opinion from one judge.
|
|
Justice Samuel Alito wrote a concurring opinion in which he also rejected the California law but sympathized with the state's aims to protect children from violent imagery.
|
|
"At the same time, I have [a] deep respect for the plaintiffs' sincere objections to seeing the cross on public land," he wrote in a concurring opinion.
|
|
Kennedy wrote a two-page concurring statement that went beyond the travel ban and targeted statements that might not be subject to judicial scrutiny -- but that matter.
|
|
Justices Clarence Thomas and Samuel Alito each wrote concurring opinions in the case, reaching the same conclusion as the rest of the court but for differing reasons.
|
|
In a piece for Slate, Richard Hasen, a professor at the University of California, Irvine School of Law, said Kennedy's concurring opinion on Tuesday signals he's done.
|
|
In a concurring opinion, Judge Kavanaugh said the plaintiff, Amir Meshal, could not sue the officials for violating his constitutional rights because no statute authorized such suits.
|
|
In a 2002 concurring opinion in a case that granted a lesbian custody of her son, he wrote that homosexual behavior should be a ground for divorce.
|
|
Two sets of justices filed concurring opinions, disagreeing over whether the majority should have taken account of a Senate report in addition to words of the statute.
|
|
An earlier version of this article misidentified the justice who joined Justice Neil Gorsuch in a concurring opinion; it was Justice Samuel Alito, not Justice Clarence Thomas.
|
|
The Alabama Supreme Court reversed the ruling, with then Chief Justice Roy Moore writing in a concurring opinion that a gay person couldn't be a fit parent.
|
|
" In short, Kennedy wrote, "the historical grounds relied upon in Bowers are more complex than the majority opinion and the concurring opinion by Chief Justice Burger indicate.
|
|
In a concurring opinion, four judges said they also would have struck down the law as an unconstitutional burden on a woman's right to have an abortion.
|
|
In a one-page opinion concurring with Ginsburg's opinion for the court, Gorsuch added that the Privileges or Immunities Clause "may well be" the "appropriate vehicle" for incorporation.
|
|
Concurring on this point was Roberto González Echevarría, an expert in Latino literature and culture, a Yale professor and a keen observer of his native Cuba's baseball program.
|
|
The ruling drew an unusual concurring opinion from Judge Don Willett, a widely respected conservative jurist who is on President Donald Trump's original shortlist for Supreme Court nominees.
|
|
The justice left a parting message of sorts in a concurring opinion he wrote this week when the court upheld Trump's travel ban in a 5-4 ruling.
|
|
In a concurring opinion, Justice Brett M. Kavanaugh wrote that the state's policy of allowing only Christian and Muslim chaplains to attend executions amounted to unconstitutional religious discrimination.
|
|
In a concurring opinion, Justice Clarence Thomas explained why he preferred the privileges-or-immunities clause of the 14th amendment as the vehicle for incorporating rights against the states.
|
|
Justice Ruth Bader Ginsburg's written opinion concurring with the majority ruling that the Texas abortion law would place an "undue burden" on women is one of those smackdown moments.
|
|
As Justice William Douglas wrote in a concurring opinion in another flag-related case: If absolute assurance of tranquility is required, we may as well forget about free speech.
|
|
In his concurring opinion, the court's newest justice dropped his usual folksy writing style for a more stentorian tone, one that evoked the stern language of his predecessor, Scalia.
|
|
But in a concurring decision, Circuit Judge Mayer made a much more drastic argument, saying that patents that constrain "essential channels of online communication" are antithetical to free speech.
|
|
It's only a concurring opinion so far, but ever since Alice came down, the Federal Circuit has been in flux about what the law around software patents actually is.
|
|
In a major death-penalty case in 43, he joined a concurring opinion by Scalia that suggested overturning a broad swath of the court's Eighth Amendment rulings since 1958.
|
|
Cruz, however, sided with Trump, concurring that the GOP elites would not take the crown away from a candidate who had amassed the delegates needed to win the nomination.
|
|
And again last week, Justice Kavanaugh wrote a separate concurring opinion to explain why he was joining the 5-to-4 majority in a bitterly disputed death penalty case.
|
|
In a concurring opinion, four of the judges said they also would have struck down the law as an unconstitutional burden on a woman's right to have an abortion.
|
|
In an opinion concurring with the majority, Judge Richard Posner wrote that judges have the authority to reinterpret decades-old legislative acts to fit shifting cultural and political norms.
|
|
" And another conservative judge on the same court, Laurence Silberman, in a concurring opinion in 2011 called Boumediene "the Supreme Court's defiant — if only theoretical — assertion of judicial supremacy.
|
|
Lynch, Justice Gorsuch took the unusual step of concurring in his own majority opinion to explain why the administrative state is in serious tension with separation of powers principles.
|
|
Chief Justice Roberts's fullest judicial discussion of the power of precedent came in a concurring opinion in 2010 in the Citizens United decision, which overruled two campaign finance precedents.
|
|
Five justices in concurring opinions suggested a much broader approach, holding that people had a reasonable expectation of privacy in not being exposed to very extensive surveillance—even in public.
|
|
But Gorsuch also wrote a concurring opinion that would have gone even farther than the 10th Circuit's ruling, by allowing individual owners as well as corporations to challenge the mandate.
|
|
But in a concurring opinion in the Wisconsin case, which Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor joined on Monday, Justice Elena Kagan emphatically took a different view.
|
|
When the court reversed the 11th Circuit's ruling in 2016, Justice Stephen Breyer suggested in a concurring opinion that the constitutionality of the death penalty itself ought to be reconsidered.
|
|
That rule, which purported to apply Justice Kennedy's 2006 "significant nexus" concurring opinion in Rapanos v U.S., asserts jurisdiction over large areas of land many miles from traditionally navigable waters.
|
|
One legal scholar told The New York Times this spring that Thomas has written at least 250 concurring or dissenting opinions calling for the court's past decisions to be revisited.
|
|
Supreme Court Justice Robert Jackson, in a concurring opinion, sketched out a framework for judicial review of executive claims of emergency authority to which the courts have continued to refer.
|
|
In other major cases this term and last, the court's four liberals have voted as a bloc and refrained from adding separate concurring opinions, in a further show of solidarity.
|
|
Justice Kennedy, in his questions last term and in a 2004 concurring opinion, left the door open to the possibility that some kinds of political gamesmanship may be too extreme.
|
|
In a concurring opinion joined by four justices, it was the long-term surveillance of Mr. Jones, made possible and even easy by technological advancements, that was the real issue.
|
|
In a concurring opinion, Judge Gerard E. Lynch said the question was a close one, and he urged Congress to revise the 1986 law, which he said was badly outdated.
|
|
Justice Thomas, who was writing for himself, made his remarks in a concurring opinion in a case involving a woman who had accused the comedian Bill Cosby of sexual assault.
|
|
" Abortion in America: More complex than you think Justice Ruth Bader Ginsburg joined Breyer's opinion and wrote a brief concurring opinion, which focused on what she called women in "desperate circumstances.
|
|
Judge William Fletcher, appointed by President Bill Clinton, strongly disagreed with his colleagues in a concurring opinion, writing that the government did not have the authority to send back asylum seekers.
|
|
Sullivan in an opinion he wrote concurring with the court's decision to end a defamation suit against Bill Cosby filed by a woman who said the comedian raped her in 1974.
|
|
But Justice Kennedy's concurring opinion added a caveat: if an official seems to be acting in "bad faith", courts may "look behind" the decision in an attempt to glean its motivation.
|
|
Significantly, investors are also pricing in two more rate increases this year - a rare case in the Yellen era of markets concurring with the Fed's own view of its likely actions.
|
|
In his concurring opinion Scalia writes: In Romer v Evans, the court overturned Colorado's ban (known as Amendment 2) on any local jurisdictions outlawing discrimination on the basis of sexual orientation.
|
|
In a concurring opinion, Thomas went further in his defense, arguing that the Eighth Amendment was written with far more torturous punishments in mind than a botched execution with intravenous drugs.
|
|
But Severino noted a concurring opinion Kavanaugh wrote in a 2013 in which he said even one use of the N-word is enough to establish an actionable hostile work environment.
|
|
Thomas agreed with his colleagues' decision not to take up the case, but wrote a concurring opinion to call upon them to reconsider the 1964 decision New York Times Co. v.
|
|
"I fear for the darkness as four justices anxiously await the single vote necessary to extinguish the light," Justice Harry Blackmun, Roe's original author, wrote in his concurring opinion in Casey.
|
|
Despite occasional judicial calls for more vigorous Step Two inquiries, most recently, the profs wrote, in a concurring opinion by Judge Laurence Silberman of the D.C. Circuit in Global Tel v.
|
|
Gorsuch, in a concurring opinion, wrote that the American colonies in the 18th century cited vague English law like the crime of treason as among the reasons for the American revolution.
|
|
But Justice Kennedy, in his questions last term and in a 2004 concurring opinion, left the door open to the possibility that some kinds of political gamesmanship may be too extreme.
|
|
Justice Alito alluded to that same dynamic in his concurring opinions in Jones and Riley, noting that Congress is in a better position to establish specific rules governing these new technologies.
|
|
"Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed," he wrote in a concurring opinion in the 2010 case Doe v.
|
|
He also drafted a short concurring opinion to keep himself at arm's length from their reasoning, writing that he would be willing to revisit the nondelegation issue in a future case.
|
|
Court of Appeals Judge Eugene Pigott issued a separate opinion in the cases, concurring with the results but saying the state's definition of parenthood should properly be set by the legislature.
|
|
CFPB General Counsel Mary McLeod wrote a memo, first reported by Reuters, concurring with the opinion of the U.S. Justice Department that Trump had the power to appoint Mulvaney to the post.
|
|
In a 2004 gerrymandering case, Kennedy wrote a concurring opinion that left the door open for courts to intervene if a "workable" standard for identifying and measuring impermissible gerrymandering could be devised.
|
|
In their haste to decide a fast-moving case, the justices barely had time to write their own concurring or dissenting opinions, much less build the consensus needed for a unified voice.
|
|
The day before, in a short, two-page concurring opinion in the travel ban case, he sounded like a man who wants to help the federal government regain a degree of decorum.
|
|
Justice Thomas Cromwell, writing for all concurring judges, said in the decision that penetration has always been required to secure bestiality convictions and courts do not have the power to rule otherwise.
|
|
Conservative Justice Clarence Thomas wrote in a concurring opinion accompanying the ruling that the court will need to weigh in on whether states can ban abortions based on disability, race and gender.
|
|
Kennedy mused in a 2004 concurring opinion that there might be some sort of standard or test the Court could come up with to determine how much partisan gerrymandering is too much.
|
|
By 2003, in the Lawrence case, she not only voted to overturn these very same sodomy laws but wrote a concurring opinion affirming for L.G.B.T. Americans the constitutional right of equal protection.
|
|
Notably, Thomas was joined by Gorsuch in a concurring opinion in which Thomas wrote that he believed "no court" had jurisdiction to hear the case because Congress has limited review of such cases.
|
|
McCrory said Monday that he requested an additional two weeks to respond but was told he would be granted one week, and only if he issued a statement concurring with the Justice Department.
|
|
"The decision of this court today is in keeping with the widespread legal recognition that unborn children are persons with rights that should be protected by law," he declared in a concurring opinion.
|
|
Stevens, once at the ideological center of the court and one of its sharpest thinkers and best writers, often wrote separate concurring or dissenting opinions that reflected his hard-to-label judicial philosophy.
|
|
Sessions, one of the less-covered cases this term, he wrote a separate, concurring opinion that took a broad and aggressive swipe at a doctrine at the core of how our government works.
|
|
The decision, with five justices concurring and none dissenting, was expected after the court used the same legal foundation to invalidate a 2013 law that sought to cut pensions for state government workers.
|
|
In 2004, he wrote in a concurring opinion on a gerrymandering case that he might consider a challenge if there were "a workable standard" to decide when such tactics crossed a constitutional line.
|
|
An option that an individual has to apply for and qualify for by two concurring physicians who agree the individual is mentally competent and terminally ill with less than six months to live.
|
|
" In a concurring opinion, Judge Joel Dubina wrote that he wanted to put "on record" his agreement with Justice Clarence Thomas that the Supreme Court's abortion jurisprudence "has no basis in the Constitution.
|
|
In 221, Justice Kennedy wrote in a concurring opinion that he might consider a challenge to partisan gerrymandering if there were "a workable standard" to decide when such tactics crossed a constitutional line.
|
|
But what to make of the concurring opinion of Justices Elena Kagan and Stephen Breyer, two liberal-leaning members of the court, who surprised many observers by joining Justice Kennedy's opinion in full?
|
|
In their opinions concurring in the judgment in the Nixon case, Justices Byron White, Harry Blackmun, and David Souter wrote separately to voice their concern about foreclosing the impeachment process from judicial review.
|
|
As an appellate court judge hearing the Hobby Lobby case, Judge Gorsuch argued in a concurring opinion that employers with religious objections could decline to cover contraception as part of workers' health insurance.
|
|
It is clear, moreover, that the three Republican–appointed justices who joined an opinion concurring in part and dissenting in part agreed with the majority on the shortcomings of the lower court opinions.
|
|
" 'More heat than light' Thomas, who wrote a 20-page opinion concurring in the majority's decision yet warning that abortion could lead to eugenics, asserted in a footnote that Ginsburg's dissent "makes little sense.
|
|
Earlier this year, as the State of New York Court of Appeals upheld the 2017 ruling of an intermediate appellate court, one of the appeals court judges, Eugene Fahey, issued a provocative concurring opinion.
|
|
In a key concurring opinion, Judge Stephanie Thacker agreed that hostility against Muslims fuelled the ban but argued that campaign statements should be out of bounds, as they "are inevitably scatted with bold promises".
|
|
And in a concurring opinion, Roberts wrote that the ruling had no bearing on the fate of the Chevron deference, a similar administrative-law doctrine that's under siege by conservative legal scholars and judges.
|
|
" In a concurring opinion filed alongside the 4th Circuit's order, Judge James A. Wynn Jr. wrote that "the district court should keep in mind that 'discriminatory intent need not be proved by direct evidence.
|
|
In 2004, Justice Kennedy wrote in a concurring opinion on a gerrymandering case that he might consider a challenge if there were "a workable standard" to decide when such tactics crossed a constitutional line.
|
|
Justice Thomas, writing only for himself, made his statement in a concurring opinion agreeing that the court had correctly turned down an appeal from Kathrine McKee, who has accused Bill Cosby of sexual assault.
|
|
BRYON YORK, CHIEF POLITICAL CORRESPONDENT, WASHINGTON EXAMINER: Really interesting that it came today because in the big travel ban decision today, Justice Thomas in his own dissent brought up the point -- INGRAHAM: His concurring opinion.
|
|
" Another justice, Dana Fabe, in a concurring opinion, wrote that "the Alaska Constitution permits a parental notification law, but not one that contains provisions that are among the most restrictive of any state's notification laws.
|
|
In an opinion concurring with the court's decision not to grant the case, Justice Clarence Thomas, the court's most conservative member, repeated his position that the court has erred in its past rulings on abortion.
|
|
Though the Supreme Court ruled in a way that didn't affect its Quill decision, Justice Kennedy filed a concurring opinion arguing that online retailing had grown so large that it was time to reevaluate Quill.
|
|
Caught in the middle, at one point, was Manafort, who faced a subpoena from the Senate judiciary committee after agreeing to talk to the Senate intelligence committee, but not immediately concurring to a judiciary interview.
|
|
" Another justice, Dana Fabe, in a concurring opinion, wrote that "the Alaska Constitution permits a parental notification law, but not one that contains provisions that are among the most restrictive of any state's notification laws.
|
|
Thomas's remarks came in an opinion concurring with the court's decision Tuesday not to hear an appeal from one of Bill Cosby's accusers, whose defamation case against the comedian was dismissed by a lower court.
|
|
Indeed, Justice Elena Kagan's concurring opinion in the Wisconsin case, joined by three other members of the Court, gave plaintiffs specific guidance on how to craft their claims to comply with the Court's new standard.
|
|
Judge Michael J. Garcia agreed that the trial judge had erred in not allowing the identification instruction, but in a concurring opinion, said that his colleagues went too far in effectively making the instruction mandatory.
|
|
But even on that point, Roberts acknowledged — citing Justice Elena Kagan's concurring opinion in the case, there were other possible arguments that could be made regarding statewide challenges that were not addressed in the Wisconsin case.
|
|
Judge Helene White sided with the majority ruling, but in a concurring opinion of her own, the Clinton-appointee said the majority omitted "salient details of Trump's speech" that made it a closer call for her.
|
|
The Illinois Supreme Court decision, with five justices concurring and none dissenting, was expected after the court used the same legal foundation to invalidate a 2013 law that sought to cut pensions for state government workers.
|
|
In that light, it's possible that her concurring opinion will end up being the "Follow the Yellow Brick Road" in our country's search for a way to fix many of the broken features of our democracy.
|
|
That package, however, later was dropped after the state Employee Retirement System sued the union, alleging the deal threatened the tax status of the state employee pension fund, and the IRS rendered a concurring opinion letter.
|
|
Her concurring statements were always cheerful and gracious (though often cautious regarding certain aspects of a proposal) and her dissents were fiery and unsparing; you can read some choice words on the controversial net neutrality order here.
|
|
Gorsuch argued that his majority opinion recognized the Chevron Deference, and said he questioned its widely regarded supremacy only in the concurring opinion that he said was meant to "tee up" the question for the Supreme Court.
|
|
In a concurring opinion in the Bartnicki case, Justice Stephen G. Breyer, not always a friend of the news media, said that it mattered that the union officials were public figures, if only to a limited extent.
|
|
He set out his arguments in two dissenting opinions as well as in separate concurring opinions, of which he wrote by far the most of all the justices — 15, compared with Justice Sonia Sotomayor's second highest, seven.
|
|
Concurring in the Nixon court's judgment, Justice David Souter nonetheless suggested that an entirely arbitrary process by the Senate would raise constitutional concerns—if, for example, the Senate decided whether to convict based upon a coin toss.
|
|
Even Justice Sonia Sotomayor, who wrote a concurring opinion lodging some concerns about the practical effects of the Court's holding and questioning whether the result was consistent with Congress's overarching purpose, joined the Court's opinion in full.
|
|
But in a concurring opinion, Judge Griffith said that the grand jury information was different because courts traditionally oversee grand juries and so the executive branch does not own the records, even if it is housing them.
|
|
In a concurring opinion 19 years ago, Justice Stevens said that because the Religious Freedom Restoration Act gave churches "a legal weapon that no atheist or agnostic can obtain," the law amounted to an unconstitutional establishment of religion.
|
|
For years, it has fanned, stoked and exploited the worst angels among the nativists, racists, Pharisees and angry white men, concurring in anti-immigrant measures, restricting minority voting, whipping up anti-Planned Parenthood hysteria and enabling gun nuts.
|
|
Justice Samuel A. Alito Jr., joined by Justices Clarence Thomas and Neil M. Gorsuch, issued a concurring opinion saying the court should in a future case consider how flexible employers must be in accommodating their workers' religious practices.
|
|
Though Chatterjee voted against the plan in a unanimous January 2018 decision, he included a concurring statement that made clear he would have preferred a short-term bailout for the plants, many owned by allies of the president.
|
|
Conservative Justice Clarence Thomas argued in a concurring opinion that a wedding cake is an expressive form of speech that should be protected under the First Amendment and that the Colorado Court of Appeals was wrong to conclude otherwise.
|
|
In an opinion concurring with the result, Justice Clarence Thomas stated that the Sixth Amendment right was paramount to any need to consider the government's interest in seeking an asset freeze and therefore required that the order be rejected.
|
|
In her first term, as she joined an opinion (written by O'Connor) that enhanced workers' ability to prove job discrimination based on sexual harassment, Ginsburg added a concurring statement that underscored the unequal treatment of women in the workplace.
|
|
In 2011, he issued a concurring opinion that upheld a trial judge's decision to overturn sections of Arizona's draconian immigration law, including a provision empowering the police to question people whom they had a reasonable suspicion were illegal immigrants.
|
|
"When a state severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety," she wrote in a brief concurring opinion. Excusez-moi?
|
|
Justice Alito, concurring, also writes that the North Carolina broad law seemed to violate First Amendment protections, although he added that there may still be other websites — such as sites focused on teen audiences — where a ban could be reasonable.
|
|
In his concurring opinion, Judge Watford said that while it appears DHS is authorized to send back these asylum-seekers under the statute the attorneys argued over, congressional authorization alone doesn't mean the policy is being implemented in a legal manner.
|
|
In an opinion concurring with the decision not to hear Mr Ali's challenge en banc from the outset, Judge David Tatel (joined by Judge Cornelia Pillard) wrote that the court has never clarified the "Due Process Clause's reach into Guantánamo Bay".
|
|
The travel ban's challengers may take some comfort from the appeals court ruling's reliance on a concurring opinion in a 2015 Supreme Court immigration case by Justice Anthony Kennedy, a conservative who sometimes sides with the court's liberals in big cases.
|
|
In a concurring opinion that has come to define the limits of executive authority, Justice Robert Jackson wrote that when a president "takes measures incompatible with the expressed or implied will of Congress", his power "is at its lowest ebb".
|
|
"The American Humanist Association [AHA] wants a federal court to order the destruction of a 94-year-old war memorial because its members are offended," Gorsuch wrote in his concurring opinion, referring to the secular group that challenged the cross.
|
|
"There is no evidence in the record to suggest that temporarily delaying the retirement of uncompetitive coal and nuclear generators would meaningfully improve the resilience of the grid," wrote Commissioner Richard Glick, concurring with the agency's decision to reject the proposal.
|
|
But Judge Karen Henderson, who was appointed by former President George H.W. Bush, wrote in a concurring opinion that she believes "McGahn's claimed immunity rests on somewhat shaky legal ground" and chided the administration for refusing to accommodate congressional inquiries.
|
|
The case, which was decided in June, featured a concurring opinion by Judge Brett M. Kavanaugh, President Trump's choice for the Supreme Court, who heaved a broadside at the Department of Health and Human Services just days before he was nominated.
|
|
New Hampshire, in which Felix Frankfurter, in a concurring opinion, quoted South African jurists to the effect that the principle of academic freedom allows a university to determine who will teach its classes and who will sit in its classrooms.
|
|
South Dakota's law was passed partly in response to a concurring opinion written by Justice Anthony Kennedy in a unanimous 2015 Supreme Court ruling that allowed a challenge to a Colorado law encouraging retailers to collect the taxes to go forward.
|
|
And this case was no exception, with the Court's per curiam opinion highlighting "the Government's compelling need to provide for the Nation's security" (language quoted by Justice Clarence Thomas's opinion for three Justices concurring in part and dissenting in part).
|
|
Now, the Court's four liberals did file a concurring opinion sharply criticizing the practice of partisan gerrymandering and suggested they still think it's possible for voters to sue over statewide maps even though standing wasn't established in this particular case.
|
|
"Justice Kennedy was more skeptical of the accommodation today than he appeared to be in his concurring opinion in Hobby Lobby," said Gregory Lipper of Americans United for Separation of Church and State, which wrote a brief in support of the government.
|
|
Michigan is a 1991 case in which the Supreme Court upheld a life-without-parole sentence for a defendant convicted of possessing roughly 650 grams of cocaine; Kennedy authored the concurring opinion that Barron and the rest of the First Circuit criticized.
|
|
Writing a concurring opinion for the four liberal justices, Kagan warned of the "evils of gerrymandering" to democracy and tried to offer a blueprint for future plaintiffs to prove injury on various constitutional grounds -- including a First Amendment right of free association.
|
|
Deegan, and a concurring opinion by Chief Judge Benjamin N. Cardozo, which posited that if there was "substantial state interest" in a law targeting the "property, affairs or government" of a local government, then the Legislature was within its rights to act.
|
|
A partially concurring decision by one judge, Rowan Wilson, and a separate dissenting opinion, by Leslie Stein, expressed concern that the majority decision seems to make little distinction between long-ago surveillance related to past investigations and surveillance related to ongoing investigations.
|
|
Yet I searched his concurring opinion in vain for a citation to a nationwide injunction issued three years ago by a federal district judge in Texas and upheld by the Supreme Court in June 2016 on a 4-to-703 tie vote.
|
|
The majority ruling held that the Fourth Amendment applied because it protected the car from being tampered with, but in a concurring opinion Justice Samuel Alito argued that it was actually the location data — not the car — that deserved Fourth Amendment protection.
|
|
The Supreme Court last dealt with the issue in 2004 in a case notable for Justice Anthony Kennedy's concurring opinion that left the door open for courts to intervene if a "workable" standard for identifying and measuring impermissible gerrymandering could be devised.
|
|
"The court will not anticipate a question of constitutional law in advance of the necessity of deciding it," is how Justice Louis D. Brandeis expressed this principle of judicial restraint 80 years ago in a concurring opinion to which the court often makes reference.
|
|
It argues that "eating fat does not make you fat" and joins a growing wave of backlash against the established dietary wisdom of the past four decades — which was initiated by the US Dietary Goals that began in 1977 and concurring UK guidelines in 1983.
|
|
In a separate opinion concurring in the unsigned May 16 ruling, Justices Ruth Bader Ginsburg and Sonia Sotomayor noted that in earlier briefs, the plaintiffs had indicated that they would regard only a "separate policy with a separate enrollment process" as sufficiently hands-off.
|
|
Judge Mayer in the Federal Circuit (the US court that hears patent appeals cases) wrote in a concurring opinion that patents directed at software running on generic computers can violate the First Amendment by creating barriers to communication, discourse, and the exchange of ideas online.
|
|
The general counsel of the bureau, Mary McLeod, who previously served as the acting top State Department lawyer during the Obama administration, issued a shorter memo concurring with Mr. Engel's analysis and instructing the bureau staff to treat Mr. Mulvaney as the rightful director.
|
|
Justice Neil Gorsuch in a blistering concurring opinion criticized federal judges who issue nationwide blocks on administration rules, potentially teeing up a wider challenge to the practice that has often stymied major parts of Trump's agenda and drawn scorn from Attorney General William Barr.
|
|
As the concurring opinion explained, the panel's decision employed the same two-step analysis of gun restrictions that the 5th Circuit and nine other federal circuits have already used, in the wake of the Supreme Court's landmark 63 gun control decision in District of Columbia v. Heller.
|
|
Joining Justice Thomas' opinion, along with Justice Samuel Alito, he would have allowed the executive order to go into effect in toto, and their concurring opinion strongly signals that these three justices would ultimately uphold the travel ban as a valid exercise of executive branch power.
|
|
A concurring opinion by Judge Gerard E. Lynch of the Second Circuit makes it clear that the decision to limit the scope of the warrant resulted from an outdated law, not a choice by Congress to hamstring investigations of foreign conduct that might violate American laws.
|
|
The court's concurring and dissenting lineups reflect the weird tensions and conflicting priorities inherent in the case: The majority included Justices Anthony Kennedy and Ruth Bader Ginsburg — consistently the most progressive member of the court — alongside hard-conservative Justices Samuel Alito, Clarence Thomas and Neil Gorsuch.
|
|
" Writing for the majority, Chief Justice John Roberts marked an exception to the free-speech rights established in Tinker: students are not free to endorse drug use, but Thomas, concurring, used the occasion to wax nostalgic: "In the earliest public schools, teachers taught, and students listened.
|
|
Their concurring opinion, for example, focused on an interesting aspect of Justice Kennedy's opinion: the emphasis he placed on the fact that the Colorado commission had deemed it acceptable for bakers to refuse to make a cake for a customer who wanted cakes bearing anti-gay messages.
|
|
Justice Anthony Kennedy wrote a concurring opinion, joined by the three female justices, expanding on this principle: "A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all", he wrote.
|
|
Yonhap also quoted lawmakers briefed by intelligence officials as saying that the five-megawatt reactor at North Korea's main nuclear site at Yongbyon, which produces weapons-grade plutonium used to build bombs, had not been operational since late last year, concurring with a report from the U.N. atomic watchdog.
|
|
"If the entirety of the internet or even just 'social media' sites are the 21st century equivalent of public streets and parks, then States may have little ability to restrict the sites that may be visited by even the most dangerous sex offenders," he wrote in his concurring opinion.
|
|
Similarly, Don Willett, whom Trump appointed to the United States Court of Appeals for the Fifth Circuit and who is on the president's Supreme Court list, became a Federalist Society favorite largely because of a 2015 concurring opinion he wrote as a justice on the Texas Supreme Court.
|
|
In the 21927 case, Judge Norris — sitting on the United States Court of Appeals for the Ninth Circuit, in San Francisco, as part of a three-judge panel — issued a 220-page concurring opinion in the court's 2-to-1 ruling striking down the Army's ban on gay soldiers.
|
|
One of the concurring judges, Jenny Rivera, wrote a separate opinion, saying she agreed with the majority but on the narrower grounds that Facebook had not made the right arguments under federal law for quashing the warrants: that they would cause an undue burden and harm its business.
|
|
And this is a trend that we are seeing a lot, particularly during the Trump administration where district courts are thwarting national issues, and Clarence Thomas specifically said in his concurring opinion that this is something that might have to be taken up soon to discuss the legality of it.
|
|
He went out of his way to write a concurring opinion in a 2014 campaign finance case before the 10th Circuit to express his belief that current law already applies something "pretty close" to strict scrutiny to review contribution limits, and there are good arguments to apply full strict scrutiny.
|
|
Justice Gorsuch, who had been on the court for a little over a month, in fact took the occasion to write a separate concurring opinion in which he suggested that the court might consider overturning a 2004 decision that upheld a restriction on state scholarships for study for the ministry.
|
|
In upholding the president's travel ban, both Chief Justice John Roberts's bare majority opinion and Justice Anthony Kennedy's concurring opinion go out of their way to reject the suggestion that religious animus motivated the ban, and they distance the Court from President Donald Trump's many hateful and discriminatory statements about Muslims.
|
|
In an opinion concurring with the Court's order, Clarence Thomas wrote that the injunction should have been lifted in full and that the administration has "made a strong showing that it is likely to succeed on the merits"—that is, that the rulings by two appellate courts blocking the ban will be reversed.
|
|
Carl Tobias, a professor of law at the University of Richmond School of Law, noted that the 4th Circuit used Kennedy's concurring opinion in a 2015 immigration case to defend its 85033-3 decision to break with court precedent and consider Trump's campaign statements about banning all Muslims in finding the order discriminatory.
|
|
I guess I see the logic of Justices Breyer and Kagan bolstering Justice Kennedy and providing some insulation for him from Justices Gorsuch and Thomas, who indicated in concurring opinions that they would have ruled for the baker on more far-reaching grounds, not dependent on the supposed facts of this particular case.
|
|
Even without another appointment, Justice Samuel AlitoSamuel AlitoJustices grapple with multibillion-dollar ObamaCare case Supreme Court denies Trump request to immediately resume federal executions Justices appear cautious of expanding gun rights in NY case MORE has indicated in a separate concurring opinion that, in a future case, he might join the four dissenters.
|
|
But Gorsuch's vote in the case (which he explained in a concurring opinion, rather than signing on to the main opinion written by Justice Elena Kagan in full) shouldn't be seen as an indication that he's going to side with liberals in immigration cases generally, because the rulings were only kind of about immigration.
|
|
A fifth, Justice Anthony Kennedy, while concurring that the case be remanded to the district court for review, disagreed strongly with Scalia, arguing that even wetlands that did not have a continuous surface connection to larger bodies of water should be protected under the Act if they possessed a "significant nexus" to those waters.
|
|
" In a concurring opinion, Justice Ruth Bader Ginsburg, joined by Justices Breyer and Sonia Sotomayor, agreed that the question of "whether a state may administer the death penalty to a person whose disability leaves him without memory of his commission of a capital offense is a substantial question not yet addressed by the court.
|
|
Justice Kennedy wrote a concurring opinion rejecting Scalia's approach and establishing the so-called "significance nexus" test—requiring the government to prove that a wetland, alone or in combination with other wetlands in the watershed, plays an important role in protecting the quality of the water downstream and therefore is subject to the Clean Water Act.
|
|
Justice Ruth Bader Ginsburg penned a one-paragraph concurring opinion (joined by Justices Stephen Breyer and Sonia Sotomayor) noting that executing someone "whose disability leaves him without memory of his commission of a capital offence" is a "substantial question" the justices have never tackled but perhaps should—in a case where AEDPA is not a factor.
|
|
Why a public nudity ban did not violate the First Amendment "The purpose of Indiana's nudity law would be violated, I think, if 60,000 fully consenting adults crowded into the Hoosierdome to display their genitals to one another, even if there were not an offended innocent in the crowd," Scalia wrote, concurring with the majority in Barnes v.
|
|
"How can an agency support the decision to add a question to the short form, thereby risking a significant undercount of the population, on the ground that it will improve the accuracy of citizenship data, when in fact the evidence indicates that adding the question will harm the accuracy of citizenship data?" he wrote in his concurring opinion.
|
|
Roberts was joined in the decision by conservative Justices Neil Gorsuch, Samuel Alito, Brett KavanaughBrett Michael KavanaughThe exhaustion of Democrats' anti-Trump delusions Lewandowski on potential NH Senate run: If I run, 'I'm going to win' Cook Political Report moves Susan Collins Senate race to 'toss up' MORE and Clarence Thomas, who also wrote his own concurring opinion.
|
|
Justice Ruth Bader GinsburgRuth Bader GinsburgSupreme Court raises bar for racial discrimination claims in contracts Supreme Court rules states can eliminate insanity defense Supreme Court postpones oral arguments amid coronavirus pandemic MORE wrote a concurring opinion to emphasize that federal law prohibits racial discrimination throughout the entire run-up to a contract, not just the final decision.
|
|
In its 13,448-page decision — broken up into two concurring opinions and a stinging dissent — the court relied on precedents from around the world to set broad parameters for how the ID system could be used in India, a country that is adding tens of millions of new internet users a year but has few laws governing data protection.
|
|
But at least one possibility they can consider as a result of the concurring opinion of Justices Kagan and Breyer is that so long as careful and respectful consideration of all sides is given, state and local bodies may do what Colorado did here — ruling against a baker like Mr. Phillips — without running afoul of the Constitution.
|
|
The case also introduced the argument that undocumented children were legally blameless, unlike their parents: "The classification at issue deprives a group of children of the opportunity for education afforded all other children simply because they have been assigned a legal status due to a violation of law by their parents," Justice Lewis Powell wrote in a concurring opinion.
|
|
" But Crichton noted in a concurring opinion the court has held that police are not required to stop an interview if a suspect makes a reference to an attorney that is "ambiguous or equivocal in that a reasonable police officer in light of the circumstances would have understood only that the suspect might be invoking his right to counsel.
|
|
How the court broke down: Roberts was joined in the decision by conservative Justices Neil Gorsuch, Samuel Alito, Brett KavanaughBrett Michael KavanaughThe exhaustion of Democrats' anti-Trump delusions Lewandowski on potential NH Senate run: If I run, 'I'm going to win' Cook Political Report moves Susan Collins Senate race to 'toss up' MORE and Clarence Thomas, who also wrote his own concurring opinion.
|
|
So it was highly unusual when Mr. Pence broke with form this week, actually getting out front of the president and praising a concurring opinion by Justice Clarence Thomas in a case in which the Supreme Court refused to hear an appeal seeking to reinstate an Indiana law banning abortions sought solely because of the sex or disability of a fetus.
|
|
The second basis for the court's finding of religious hostility, the Commission's treatment of complaints brought against three other bakers by a Christian man named William Jack who requested cakes shaped like open bibles with anti-gay symbols and verses denouncing "homosexuality" as "detestable," is the source of greatest disagreement among the Justices, spawning three concurring opinions and a fiery dissent.
|
|
Gorsuch is said to have risen to the top of Trump's Supreme Court list in large part because of a 2016 concurring opinion he wrote as a judge on the United States Court of Appeals for the 10th Circuit, in which he forcefully attacked what's known as "Chevron deference" — a term that stems from a 1984 Supreme Court case, Chevron U.S.A. Inc. v.
|
|
Justice Neil GorsuchNeil GorsuchSupreme Court allows Trump administration to move forward with 'public charge' rule January reminds us why courts matter — and the dangers of 'Trump judges' Planned Parenthood launches M campaign to back Democrats in 85033 MORE issued a five-page concurring opinion with Monday's order arguing that such nationwide injunctions exceed the authority of federal judges and should be reviewed by the Supreme Court.
|
|
Supreme Court nominee Brett Kavanaugh's brutal education in net neutrality Although the court was bound to allow it, Judge Millett in an extended concurring opinion that she was "deeply concerned that the result is unhinged from the realities of modern broadband service": Brand X [the relevant Supreme Court decision] was decided almost fifteen years ago, during the bygone era of iPods, AOL, and Razr flip phones.
|
|