Not exact matches
The legal basis for deriving implied powers
from the penumbra of other express powers is best seen in
Justice Douglas classic
opinion in Griswold v. Connecticut.5 In the Griswold case, the United States Supreme Court struck down a Connecticut law prohibiting the use of contraception.
To try and re-elect an Alabama Supreme Court Chief
Justice who has proven in the past that he thinks his
opinion is above the laws of the state and has already been removed
from the office once for his actions is disgraceful.
As for
Justice Stevens himself, it is an arresting fact that in the animal sacrifice case he joined the
opinion announcing the constitutional requirement that public officials disassociate themselves
from antireligious measures.
We can assume that all the
Justices sitting on the Court today, like other humans, have their own preferences and biases about religion, but the judicial
opinions of one of them,
Justice John Paul Stevens, raise more than a slight suspicion that some of his actions on the bench stem
from animosity, if not to animal sacrifice, at least to certain less exotic religious beliefs and practices.
The plurality
opinion, signed jointly by three
justices appointed by Ronald Reagan and George H.W. Bush, ignited a firestorm of criticism
from conservatives.
The majority
opinion was written by
Justice Hugo Black, former Klansman and Senator
from Alabama.
In the season finale, the
justices delivered split
opinions in two cases that had not even been fully briefed and argued on the merits — one about President Trump's limits on immigration
from six majority - Muslim nations, the other about the right of a female same - sex spouse to be listed as a parent on a birth certificate alongside the birth mother.
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).
But
Justice O'Connor's prior abortion
opinions did not prevent her
from adhering in Stenberg to all that she had previously criticized, and now in a context far more explicit as to the underlying horror of late «term abortion.
The Stenberg dissenters repeatedly cited and quoted
Justice O'Connor's abortion
opinions from the 1980s, in which she had criticized the Court for operating as «the nation's ex officio medical board with powers to approve or disapprove medical and operative practices and standards throughout the United States.»
The
opinion was of a kind we are used to seeing by now
from Justice Kennedy: long on windy rhetoric about «dignity» and ad hominem attacks on the basic human decency of the law's defenders, and short on actual coherent legal reasoning
from recognizable constitutional principles.
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.
From the buzz around Kate Bolick's book Spinster: Making a Life of One's Own to the unfortunate language Supreme Court
Justice Anthony Kennedy used in writing the
opinion legalizing same - sex marriage, of the unmarried being «condemned to live in loneliness,» the state of singles — and let's be honest, mostly single women — has been on a lot of people's minds.
«The fact that the decision to release was taken by the Scottish
justice secretary does not preclude you, as the prime minister of the United Kingdom,
from now expressing your
opinion on a subject that is of great public concern, and which affects Britain's international reputation and our relations with our allies,» he wrote.
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».
From the foregoing, we are strongly of the humble
opinion that the conduct of ACP Mrs. Maame Yaa Tiwaa Addo Danquah amounts to abuse of power, corruption and perversion of
justice.
The report, however, commended the former attorney general, Betty Mould Iddrissu, for negotiating down the 163million euros to 94 million euros «This decision by the then Attorney - General and Minister of
Justice Betty Mould - Iddrisu, which recommended and insisted that the awards which she had managed to negotiate downwards
from about 163 million Euros ($ 163 million) to 94 million Euros ($ 94 million) should be satisfied and paid by the State was, in the
opinion of this Commission, one of the best decisions that could be taken in the interest of the State.
Indeed, expert
opinion has long converged around the need to separate the Attorney General's functions
from that of the Minister of
Justice, if this country is to make a head way in its fight against corruption, but it appears no government has yet mustered the required political will to undertake that venture.
Even if a
justice didn't take money himself, according to the
opinion, he may be found «personally liable for money paid to the court and then stolen
from his or her office.»
The pledge provoked anger
from feminist pressure groups, who said it would tip
justice and public
opinion in favour of the defendants.
Guardian writes: «Lord
Justice Leveson says that when the press is involved people will have
opinions and it becomes difficult to separate personal
from professional views.
No cast yet (and good luck strying ot out Stockard / Olivia / John) but it's aiming for 2015 Serious Film my friend Michael liked Match, the Tribeca film starring Patrick Stewart I reviewed yesterday, a helluva lot more than me so it's worth sharing an opposing
opinion First Showing footage
from Russell Crowe's directorial debut, The Water Diviner Empire the WB triples down on director Zach Snyder giving in both the Man of Steel sequel and the
Justice League movie (but why?
Filed Under: Articles and
Opinions, Gary Collinson, Movies, News, Television, The Week in Spandex Tagged With: Agents of S.H.I.E.L.D., Ant - Man, Arrow, Batman, Batman v Superman: Dawn of
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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 plaintiffs, according to
Justice Alito's majority
opinion, were not «full - fledged» because they were supervised by private individuals, in this case the patients receiving care, and merely received compensation
from the state.
The main support for his position came
from academic studies and Chief
Justice Warren Burger's
opinion in Swann.
If so, such an
opinion would be especially compelling coming
from the pen of
Justice Thomas, the lone black member of the Court, who has written for the majority in a number of important cases involving religion and education.
Meanwhile, pro-voucher groups are taking heart
from the comments - as well as previous
opinions - of
Justices Scalia, Clarence Thomas, Anthony Kennedy, and Chief
Justice William Rehnquist.
Some of the quotes below, all of which were taken directly
from Justice Kennedy's written
opinion, reflect the Supreme Court's response to the lower court ruling, not to the original complaint.
In a unanimous
opinion, SCOTUS Chief
Justice John Roberts ruled that public schools must provide students with disabilities an «educational program [that is] appropriately ambitious in light of [a particular student's] circumstances, just as advancement
from grade to grade is appropriately ambitious for most children in the regular classroom.»
In 2007, the U.S. Supreme Court made school integration more difficult when it prohibited the Louisville, Kentucky, and Seattle, Washington, school districts
from making racial balance a factor in assigning students to schools in cases where applicant numbers exceeded available seats.1 The plurality
opinion by Chief
Justice John Roberts called student categorization by race unconstitutional unless it was designed to reverse the effects of explicit rules that segregated students by race.
As William Young, then chief judge of the U.S. District Court in Boston observed in a 2004
opinion: «The focus of our entire criminal
justice system has shifted away
from trials and juries and adjudication to a massive system of sentence bargaining that is heavily rigged against the accused.»
Justice Scalia wrote the majority
opinion, which hinged on an interpretation of administrative law requirements and did not overturn EPA's ability to regulate hazardous air pollutants
from power plants.
After all, in Mass v EPA,
Justice Stevens, in his majority
opinion, reasoned that when it comes to greenhouses gases and climate change, even though a reduction in emissions
from tailpipes can not be directly linked to preventing damage
from floods to, say, the Massachusetts coast, every bit helps.
In Buck v. Bell (1927), the majority decision, written by Chief
Justice Oliver Wendell Holmes, Jr., used modern
opinions of science to support the Virginia sterilization law: «It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or let them starve for their imbecility, society can prevent those who are manifestly unfit
from breeding their kind.
It follows the European Parliament's resolution seeking an
Opinion from the Court of
Justice of the European Union (CJEU) on the compatibility of the agreement with the Treaties.
Yesterday, in the case of Quebec Superior Court
Justice Michel Girouard — who admitted to meeting regularly with a man later convicted of trafficking — the CJC rejected the majority
opinion of its own inquiry committee to remove the judge
from the bench.
A new legal
opinion, written by two former
Justice Department officials
from the Antitrust Division, argues that a merger between Bayer and Monsanto would violate the Clayton Act, a law enacted by Congress to curb anti-competitive business practices.
For Hazard, who served as a law clerk to
Justice William Brennan in 1973, the year he joined the majority opinion in Roe v. Wade, last week's decision stands in stark contrast to Brennan's struggle to separate his personal religious views from his responsibilities as a j
Justice William Brennan in 1973, the year he joined the majority
opinion in Roe v. Wade, last week's decision stands in stark contrast to Brennan's struggle to separate his personal religious views
from his responsibilities as a
justicejustice.
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.
On July 26, 2017, the European Court of
Justice (ECJ) issued
Opinion 1/15 (the
Opinion of the Advocate General on this case had been discussed previously in this blog, part I and part II) pursuant to Article 218 (11) TFEU on the draft agreement between Canada and the European Union (EU) dealing with the Transfer of Passenger Name Record (PNR) data
from the EU to Canada.
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 analysis of the
opinions from the 2006 — 2008 Supreme - Court terms referred to above showed that certain U.S. Supreme Court
Justices use these methods.
A 2010 analysis of
opinions from the 2006 — 2008 Supreme - Court terms, for example, showed that
Justice Ruth Bader Ginsburg commonly uses this pronoun - alternating technique (as did
Justice John Paul Stevens before he retired)-- though
Justice Ginsberg alternates her use of masculine and feminine pronouns across different
opinions and not within a single
opinion.
After hearing
from several medical witnesses Madam
Justice Gerow concluded that there was a causal connection, finding that «I accept the
opinions of Dr. Gilbart and Dr. Sahjpaul that the accident either caused the disc herniation and the labral tear, or caused those asymptomatic conditions to become symptomatic, and that (the Plaintiff's) degenerative disease is minimal at this point.»
1898)(«no one can obtain the exclusive right to publish the laws of a state»)(Harlan, J., sitting by designation); Nash v. Lathrop, 142 Mass. 29, 6 N.E. 559 (Mass. 1886)(«Every citizen is presumed to know the law thus declared, and it needs no argument to show that
justice requires that all should have free access to the
opinions, and that it is against sound public policy to prevent this, or to suppress and keep
from the earliest knowledge of the public the statutes or the decisions and
opinions of the
justices.»).
He retired in mid-2016
from his position in civil
justice law reform at the Ministry of the Attorney General, but his Slawian
opinions are not and never were necessarily those of the Ministry.
Public confidence in the administration of
justice must be distinguished
from uninformed public
opinion about the case, which has no role to play in the decision to grant bail or not.
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.
The next hurdle will be to request an
opinion from the Court of
Justice on the compatibility of the agreement with the EU Treaties, pursuant to Article 218 (11) TFEU.