The majority opinion also criticizes DOMA as an intrusion on states» traditional role defining marriage.»
The same
majority opinion also refers the tax as too small to actually compel compliance and is therefore just a small optional tax for those who choose to forgo health insurance.
Not exact matches
The other is the Windsor case — discussed by Carl Scott earlier — in which the
majority opinion not only sets aside part of the Defense of Marriage Act passed with overwhelming support in 1996, but
also dismisses and disparages the motives of those who voted for it.
Ironically, the 2016 — 2017 Supreme Court roundup
also appearing in the October issue of First Things («A Less Corrupt Term») quotes Justice Samuel Alito saying of the Court's
majority opinion on same - sex marriage that it «evidences... the deep and perhaps irremediable corruption of our legal culture's conception of constitutional interpretation.»
This
opinion also rather ignores the fact that the people Rubio was trying not to insult are probably a healthy
majority.
But in keeping with Eugene V. Rostow's characterization of the contemporary Supreme Court as a «vital national seminar,» it is worth noting that the original charge to the Court was only that it render an aye or a nay.44 It quickly began handing down written
opinions also, however, and under Marshall began the practice of trying for a single
majority opinion, which gave «judicial pronouncements a forceful unity they had formerly lacked.
It's
also possible that Koetter has a higher
opinion of Sweezy than the
majority of the NFL and is happy moving forward with Marpet - Jensen - Sweezy
It is interesting that Kedourie was responding to the results of an
opinion poll which showed that the
majority of Egyptians supported democracy, but
also demanded the implementation of Shari'a (Islamic) law.
In the absence of legislation on assisted dying, we have to establish the right to a doctor - assisted death through the courts but we
also hope that Paul's case will help to stimulate public debate on this issue, and convince Parliament to listen to the massive
majority opinion in this country and legalise assisted dying.»
Justice Elena Kagan delivered the court's
majority opinion, which was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas
also filed a separate concurring
opinion).
Many were
also expressing their disgust for what they said is a process that ignored the
opinion of the
majority.
Regardless of
opinion, he was not only one of the biggest stars of the postwar era but
also one of the most powerful, and as the writer, director, and producer of many of his features, he qualified as a comic auteur firmly in the tradition of Chaplin and Keaton.Born Joseph Levitch in Newark, NJ, on March 16, 1926, he was the son of borscht - belt comics, spending the
majority of his childhood living with relatives but joining his parents each summer as they performed in the Catskills.
I was
also of the obviously inaccurate
opinion that the
majority of book bloggers were READERS.
9 times out of 10 I would
also bend to the
opinion of the
majority of experts on any scientific issue, unless the issue was politicised.
Either - way, the facts on the ground show clearly that the
majority of public and
also scientists support scientists voicing their
opinions: A Pew Research Poll in 2009 showed that a large
majority of the public in the USA (76 %), and nearly all scientists (97 %), think that it is appropriate for scientists to become actively involved in political debates on controversial issues.
Justice Roca, who was the author of the
majority ruling,
also filed a concurring
opinion.
See
also the
majority opinion at page 11: «Given our explanation in Booker that appellate «reasonableness» review merely asks whether the trial court abused its discretion...»
This collective self - as - author is an important part of the ethos of the Court, for it represents not just the members signing on to the
majority opinion, but
also the authority of the Court that rests with those members when they agree on a
majority opinion.
A fine, flowing rhythm is
also evident in the following passage from Justice William Brennan's
majority opinion in New York Times v. Sullivan, which broadened press freedom by raising the bar a public figure must clear to establish defamation.
Most tellingly, and unfortunately from the lovely Mr. Ball's point of view, the
majority opinion in Rita was written by Justice Breyer, who
also wrote the
majority opinion in the remedial portion of Booker that expressly rejected adopting the BRD and / or jury determination standard for finding sentencing facts.
In the
opinion written by Justice Rosalie S. Abella, a
majority of the court held, at para. 33, that the interpretation of intercept, ``... should be informed not only by the purposes of Part VI, but
also by the rights enshrined in s. 8 of the Charter, which in turn must remain aligned with technological developments.»
The
majority in the Supreme Court supported a pragmatic, purposive approach to the interpretation of the CDE Definition, but the divided
opinion of the Judges not only in the Supreme Court, but
also at first instance and in the Court of Appeal, highlights how difficult questions of contractual interpretation can be.
(Justice Ginsburg
also agreed with the
majority that the women could not receive all of the remedies they sought in the court below, but her
opinion clearly dissents from the core of the
majority's holding.)
Justice Stevens concurs, joined by Ginsburg and Sotomayor, even though the three of those Justices
also joined the Kennedy
majority opinion.
Also in this section (pages 7 - 9 of the slip
opinion), the Court applied what I would describe a «realistic litigator» analysis (which Justice Scalia often employs to reject claims of «future bad law» effects) to habeas lawyers» likely moves, and expressed the
majority's «doubt that any more judicial time will be wasted» than would be the case under the dissent's alternative vision.
While the Chief Justice's
opinion, for the
majority,
also addressed the principle of the Rule of Law, it invoked this principle only as additional support for its conclusions — Justice Rothstein's accusations to the contrary notwithstanding.
I note that the
majority of the SCC of Canada made this point expressly in the 2001 TWU decision (I note too that the dissenting
opinion consisted of Justice Heureux Dube and can be dismissed on that basis alone — though it's
also a very poor reasoned
opinion).
Visitors to the Law Library of Congress and other law libraries can
also use legal research databases such as Lexis Advance and Westlaw to perform more targeted searching for
majority opinions by Judge Gorsuch, as well as his concurring and dissenting
opinions.
I
also discovered that while the vast
majority of HomeGain customers are satisfied with our products and services, many agents and brokers that do not use HomeGain, not only have a negative
opinion of our company, but actively encourage others not to use HomeGain.