Sentences with phrase «dissent from justice»

This one brought a dissent from Justice Sotomayor joined by Justice Ginsburg, who argued that, even if the lower court was wrong, it was not «so manifestly incorrect as to warrant «the extraordinary remedy of a summary reversal.»»

Strong dissent from Justice Abella, with Justices LeBel and Fish agreeing.

The majority decision was written by Justice Stevens, with strong dissents from Justice Thomas, Justice Scalia and Justice Alito.

Glaspell was speaking of Parsons v. Ontario, a decision released Friday that included two partial dissents from Justice Harry LaForme's decision in the matter.

Not exact matches

Dissenting from the Championruling, Chief Justice Melville Fuller issued a prescient warning that, having adopted the notion that the nation's «fundamental law is flexible,» the court would be met with constant demands to «ease the shoe where it pinches» until nothing resembling the vision of the Constitution remained.

That celebration is a bit premature — though as Justice Scalia feared in his dissent from the Court's invalidation of the Defense of Marriage Act's definition of marriage, the second shoe may indeed drop shortly.

those involving «duties superior to those arising from any human relation» (Chief Justice Hughes dissenting in U.S. v. MacIntosh, 283 U.S. 605 1931, an opinion which has become a keystone of the conscientious - objector exemption from Selective Service requirements).

Although Justice Souter wrote an interminable (forty «nine page, thirty «two footnote) dissent, Justice Breyer broke from the Four to cast the sixth vote to uphold a program of assistance to nonpublic schools.

By the same token, one can tell, from Chief Justice Roberts» dissent in United States v. Windsor (on the Defense of Marriage Act), that he almost certainly would have voted in Hollingsworth to uphold Prop 8 if the merits had been reached.

No sooner did I return to Boston than the Obergefell decision came down, with the ominous absence, pointed out by Chief Justice John Roberts in his dissent, of the key word «exercise» from the majority opinion.

Justice Harry Blackmun himself cited the Founders» intentions in his dissent in the 1990 Smith case: «I do not believe the Founders thought their dearly bought freedom from religious persecution a «luxury,» but an essential element of liberty.»

But whether or not the dissent, cast in those terms, would have caused Stewart or other justices to peel away from the majority; whether or not it would have made any difference to the outcome of that case; it would have made the most profound difference for the coherence of conservative jurisprudence.

And when it comes to immunizing such «choices» from legal restriction or even private remonstration, the Court's liberals can be counted upon to flip on the switch of what Justice Antonin Scalia, writing in dissent, describes as «the ad hoc nullification machine that [is] set in motion to push aside whatever doctrines of constitutional law stand in the way of the highly favored practice of abortion.»

Justice Scalia wrote a dissent from the denial of certiorari.

Dissenting justice campaigners, legal aid lawyers and those who've witnessed the rot setting in (from swingeing legal aid cuts, curbs to judicial review, an interpreting service in freefall, probation chaos and threats to withdraw Britain from the Human Rights Act) will be highlighting the urgent need to halt the destruction of our justice system and abide by the principles of the medieval charter.

But reading his dissenting opinion during the ruling in which Justice Anin Yeboah described his lone stance as a «solitary path», the justice of the supreme court said «even though in the high court references were made to the constitution of the NDC, the constitution of the NDC can not be read in isolation from article 94 of the 1992 constitution which any candidate for parliamentary election must strictly satisfy&Justice Anin Yeboah described his lone stance as a «solitary path», the justice of the supreme court said «even though in the high court references were made to the constitution of the NDC, the constitution of the NDC can not be read in isolation from article 94 of the 1992 constitution which any candidate for parliamentary election must strictly satisfy&justice of the supreme court said «even though in the high court references were made to the constitution of the NDC, the constitution of the NDC can not be read in isolation from article 94 of the 1992 constitution which any candidate for parliamentary election must strictly satisfy».

Four years ago her scholarship was cited in Justice John Paul Stevens's dissent from the Supreme Court's Citizens United decision, which found that limits on independent political spending by corporations and groups were unconstitutional.

He hailed the courage of Justice Orji - Abadua for dissenting from the ruling of the two other members of the Appeal Court panel, even as he accused the All Progressives Congress of plotting to destabilise the PDP.

The Arizona Independent Redistricting Commission approved new maps on December 20, 2011 by a 3 - 2 vote, the dissents coming from Republicans; the Department of Justice.

For the most part agreeing with the opinion of the Chief Justice, I dissent from the Court's judgment invalidating Alabama Code 16 -1-20.1.

The dissenting justices contended that the church members should have been exempted from the requirements under a 15 - year - old amendment to the law that has been applied only to members...

In the religious - music case, Justice Samuel A. Alito Jr. dissented from the court's refusal to hear the appeal of Kathryn Nurre, who along with other members of a student wind ensemble...

Likewise, Justice Breyer's dissent begins and ends with warnings of «religiously based social conflict» resulting from allowing parents to use public funding to send their children to sectarian schools.

The question of whether ADA covers discrimination among disabled individuals was clearly confronted in Olmstead v. L.C. Indeed, Justice Clarence Thomas, in his dissent, criticized the majority for finding that «discrimination occurs when some members of a protected group are treated differently from other members of that same group.»

Is dissenting from the bench a matter of passion or politics for Supreme Court Justice Ruth Bader Ginsburg?

Justice Ginsburg read her dissent from the bench, criticizing the majority's decision as «alarming,» and a departure from precedent like Planned Parenthood v. Casey and Steinberg v. Carhart, which both recognized that states could not proscribe the abortion procedure where necessary to protect a woman's health.

And at her Crossroads blog, Jan Crawford wonders whether Justice Stevens» halting presentation, from the bench, of his dissenting opinion is yet another clue that he plans to retire from the Court.

Supreme Court Dec. 29, 2016)-- 4 - 3 decision, majority opinion by Justice Cuellar and dissent by Justice Werdegar; discussed in our Dec. 29, 2016 post: Attorney - client privilege does not categorically shield from California Public Records Act disclosure billing invoices sent by clients in concluded, non-active cases because legal consultation was not the purpose of the invoices; however, the privilege did protect billing invoice entries in active, pending cases.

The Washington Supreme Court took this action despite sharp opposition from members of the bar (and a dissenting Justice).

In Morse v. Frederick, writing in dissent, the Justice opined that a school's interest in protecting students from speech was a...

In a strongly worded dissent, Justice Michael Moldaver, also writing for Justice Suzanne Côté, found that «the majority has departed from the functional approach of threshold reliability by unduly restricting the extrinsic evidence that a jury could can consider when assessing a statement's substantive reliability and by adopting a narrow view of the procedural safeguards available at trial than can equip the jury with the tools it needs to assess the ultimate reliability of a statement.»

At Legal Writing Pro, Ross Guberman takes a red pen to Heller and finds eight misses from the grammatical mark, four from Justice Antonin Scalia's majority opinion and four from the dissents of Justices John Paul Stevens and Stephen G. Breyer.

Justice C. Alan Lawson, with Justice Charles T. Canady concurring, dissented from the majority's request for further amendments, arguing that the two referral agencies in the state at issue, which provide both legal and medical referrals, have never had an incident of misconduct.

In Morse v. Frederick, writing in dissent, the Justice opined that a school's interest in protecting students from...

Justice Ginsburg dissented from the ruling on this issue, arguing that exhaustion, like the first sale doctrine, should be limited to U.S. sales.

As Justice Ginsburg pointed out in her Shelby County dissent, distrust of Congress radiates from the majority's every page.

The dissenting judgment, written by Justice Fish, argued that the power to determine the compensation to be paid amici flowed from courts» inherent jurisdiction and need to control its own processes for three reasons:

Virtually every essay describes an area where Justice Thomas, in concurring or dissenting opinions, has urged major departures from prior decisions and doctrines.»

Mr. Justice Branca, speaking for himself, but without any dissent from the other two members of the Court, said in reference to Smith: Cusack, J., in his judgment for the Court stated that the general rule of practice in criminal cases in England is that the accused person gives evidence before the witnesses whom he proposes to call to testify.

While the eventual opinion was authored by Justice Scalia and the principal dissent was by Justice Breyer, the fact that Scalia ended up with two opinions from the January sitting and Breyer had none means «it is fair to conclude that Justice Breyer had the majority before Justice O'Connor's retirement, then lost it when Justice Alito joined the Court.»

The most notable judicial stab at noir came last year from Chief Justice John Roberts, in a dissent opposing a denial of writ of certiorari in Pennsylvania v. Dunlap.

Other notable tidbits from the case: Justice Thomas, who dissented, read his opinion from the bench, the first time he's done so in 15 years on the court.

«The holding is such a no - brainer that it tells us little about Justice Alito or the Chief Justice, although this is the kind of case that might have provoked a lone dissent from the extraordinarily pro-prosecution Chief Justice Rehnquist.»

Justice Radhabinod Pal of India issued similar anti-colonialist misgivings in his dissent before the International Military Tribunal for the Far East, which was banned from publication until 1952.

Justice Ginsburg, writing for the dissent (which included Breyer, Stevens and Souter), disagreed and read her dissent from the bench.

«Immediately after Kennedy spoke, Justice Antonin Scalia read from his scathing dissent, attacking the majority for positioning itself as the «sole arbiter of our nation's moral standards.»»

Responding to Judge Newman's dissent, Justice Breyer emphasized that AIA trials are very different from federal court proceedings considering patent validity, observing that in significant respects, «inter partes review is less like a judicial proceeding and more like a specialized agency proceeding.»

A dissent authored by Justice Pirtle cited cases from 12 courts of appeals that have at least mentioned the cause of action.

The dissent agreed that there was a justice gap, but dissented from the order because the LLLT program essentially imposes a tax on the lawyers of the state to fund itself.

In his dissent, Justice Binnie worked his way through the three step test and found that there was nothing unconscionable about a sophisticated contractor such as Tercon entering into a contract with the Province which featured a broad exclusion clause prohibiting claims arising from «participation» in the RFP.