That was the case in his concurrence in Klayman v.
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The concurrence of Judge Gorsuch in TransAm Trucking, Inc. v.
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Hasen said that separate concurrence felt like a Kennedy mic drop.
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You can read Ginsburg's full concurrence here, beginning on page 46.
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If they think and they would do this with our concurrence.
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Therefore, with the concurrence of the investigating officer, prosecution will be declined.
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"Doctrinal reform is arduous, often-Sisyphean work," Willett observed in last month's concurrence.
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The biggest problem with that is: They don't take into concurrence the devaluation.
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This unprecedented concurrence suggests that climate change is directly responsible, the ACP believes.
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He cited U.S. Supreme Court Justice Louis Brandeis' concurrence in 1927's Whitney v.
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But Rosenstein's concurrence signals that, at minimum, he found Barr's decision to be justifiable.
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I never knew that I'd write a play with that great an audience concurrence.
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In its own account of the call, the White House emphasized points of concurrence.
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With my enthusiastic concurrence he cabled Washington offering one of his own vulnerability assessment teams.
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The importance of the issue was underscored by a concurrence written by Justice Samuel Alito.
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Their concurrence did not even mention what they saw as the First Amendment's original meaning.
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Coons appeared to reference Gorsuch's concurrence in his own majority opinion in Gutierrez-Brizuela v.
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The only case he cited in his concurrence in the transgender case was Medellin v.
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"Ours is the job of interpreting the Constitution," he wrote in a concurrence last year.
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"The plaintiffs' appeal from their voluntary dismissal did not satisfy this jurisdictional requirement," the concurrence said.
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Both Justice O'Connor's plurality opinion and Justice Souter's concurrence seemed keenly aware of the scholarly arguments.
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Perhaps the strongest point of concurrence was that respondents from both parties found Congress equally distasteful.
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Justice Elena Kagan wrote a separate concurrence for herself and the court's other three liberal justices.
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With Mr. Rosenstein's concurrence, Mr. Barr embraced that opening to declare the president broke no law.
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So it was like a concurrence of story and politics that kind of came together perfectly.
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This positive feedback loop does not run in concurrence with the already-established negative feedback loop.
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He would later say privately that his brief concurrence doomed his chances of being named chief justice.
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Justice Clarence Thomas's concurrence provides a new approach to the anti-abortion argument by focusing on eugenics.
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But by choosing to write a separate concurrence, he lays plain his views for all to see.
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And President Trump has filled them, with the enthusiastic concurrence of the Republican majority in the Senate.
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Only one Justice writing in concurrence, Justice Thomas, even considers the free speech aspects of the case.
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" In a concurrence, the government said "the decision in Korematsu lies overruled in the court of history.
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"I thought it was close," said McGregor immediately after the fight, to the concurrence of no one.
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In a 2016 opinion, Alito, joined by Thomas, wrote a concurrence in a case regarding stun guns.
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Or, one or more justices could be writing a dissent or a concurrence from a draft order.
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None of the standards offered avoided "substantial intrusion into the nation's political life", he wrote in a concurrence.
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The concurrence of multiple possibilities (events or realities) is basic to many of the works in the exhibition.
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In his concurrence, he questioned the constitutional legitimacy of a decades-old binding precedent, Chevron, U.S.A. Inc. v.
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In a second concurrence, Justice Clarence Thomas, joined by Justice Samuel A. Alito Jr., said that was premature.
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Jones, Justice Sotomayor noted in her concurrence that GPS tracking data could say a lot about a person.
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Roberts has vocally defended lethal injection from the bench and declined to join Kennedy's anti-solitary confinement concurrence.
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In a 1985 concurrence, Justice Lewis F. Powell explained his reluctant decision to supply such a courtesy vote.
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Both bills now head to the Democratic-led Senate, which returns to session on Monday, for concurrence votes.
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My greater concern is not the Minnesota Law Review article, but his short concurrence to the Klayman case.
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The final hiring decision will be made by the Executive Director, with concurrence from the Chairman and Vice Chairman.
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"It is his recommendation in concurrence with the Attorney General that the president based his decision on," Spicer said.
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However, Republicans on the Appropriations Conference Committee twice elected to remove the language from the bill during concurrence votes.
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Israel controls the economic life of the Palestinian territories, meaning none of the proposals are possible without its concurrence.
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In a widely discussed concurrence in that case, Mr Gorsuch called into question the very basis for the Chevron principle.
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His opinion received a concurrence from Justice Stephen Breyer, an ostensible liberal, who rhapsodized about the infallibility of administrative oversight.
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In her concurrence, Justice Elena Kagan sought to address this problem by offering a new legal theory of political gerrymandering.
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That decision, by policy, must come from the chief psychologist, with concurrence from the chief executive, which is the warden.
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Willett labeled his concurrence as "dubitante," a Latin legal phrase used by judges to signal misgivings about their own rulings.
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However, Republicans sitting on the House Appropriations Committee elected to remove the language from the bill during a concurrence vote.
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INGRAHAM: Now, this is what Justice Thomas, for whom I clerked, full disclosure, he wrote a concurrence in the judgment.
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Foreign Crises: North Korea and Iran Crises involving Washington with Pyongyang and Tehran manifest varying degrees of concurrence with crisis characteristics.
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Legal delays were the entire reason for the prisoner's stay in solitary confinement that Kennedy assailed in his concurrence last year.
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This particular concurrence reads like the righting of a wrong — something one might want to do if their tenure is limited.
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"It is beyond rational belief that H. B. 2 could genuinely protect the health of women," Ginsburg wrote in her concurrence.
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Justice Alito, writing in concurrence, reasoned that tracking the defendant's movements over an extended period violated a reasonable expectation of privacy.
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The commission's decision found rare concurrence among advocates of stricter campaign finance rules and enforcement, even amid worries of potential abuses.
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Gorsuch's concurrence is largely a rebuttal to Thomas and a defense of the Supreme Court's ability to strike down laws for vagueness.
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But now, you have the real-life stuff happening on social media in concurrence with whatever Bachelor romance or narrative that's unraveling.
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And Stephen Collinson is getting 20,000 concurrence this morning before 9:00 am on an analysis piece about Trump's rage-y weekend.
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Then in a solo concurrence, he faintly and abstractly rebuked "an executive" who strays from the path of adhering to the Constitution.
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It is often, by the impracticability of obtaining the concurrence of the necessary number of votes, kept in a state of inaction.
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This is in concurrence with recent US legislation, because I am not enrolled on any reservation or in any American Indian community.
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In his Masterpiece Cakeshop concurrence, Justice Neil Gorsuch (who sits in the Smith author's old chair) wrote "Smith remains controversial in many quarters".
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Chicago, and Justice Thomas wrote a separate concurrence making the best case yet made in any Supreme Court opinion in favor of incorporation.
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Alongside Thomas again, Gorsuch wrote in his concurrence that denying funds solely because an institution is religious would constitute discrimination "anywhere else" too.
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France's competition agency, the Autorité de la Concurrence, announced Monday it is fining Apple a record $1.2 billion for artificially keeping prices high.
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" Under the Constitution, the Senate is able to "punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
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"I expect a judgment sometime next year," Marc van der Woude, vice-president at the General Court, told a competition conference organized by Concurrence.
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It's being shared with Congress "with the expectation it will not be disseminated or disclosed without FBI concurrence," the bureau said in a statement.
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And the concurrence he wrote instead makes it clear that Gorsuch's reasons had very little to do with what he thinks about immigration law.
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United States, going so far as to write a separate concurrence disagreeing with Chief Justice Roberts' dissent from a summary order of the court.
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The legislation, which now goes back to the Senate for concurrence, requires the state to slash emissions 40 percent below 1990 levels by 2030.
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In the Hawaii case, Kennedy penned a brief and high-minded concurrence, epitomizing his approach to being a good judge and a good leader.
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So it's not surprising that she chose to author her own, strongly worded concurrence to the Monday decision striking down Texas's restrictive abortion law.
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Trump on Thursday night tweeted his concurrence with Fox News hosts that in their view, CNN is intentionally stirring public anxiety about the virus.
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What is not widely known is that the president needs what amounts to the concurrence of his secretary of defense to launch nuclear weapons.
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In a concurrence, Justice Clarence Thomas, joined by Justice Samuel A. Alito Jr., wrote that the court had decided more than it had to.
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The appeals court ruling that the justices upheld in Hobby Lobby was joined, not incidentally, by Neil Gorsuch, who also wrote a separate concurrence.
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Celui-ci s'explique notamment par la lutte de leaderships et de courants d'orthodoxies, et par la concurrence entre les pays d'origine des communautés musulmanes.
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I have had scores of law students, across the ideological spectrum, confess that they always read the Scalia opinion first — whether majority, dissent or concurrence.
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And although, technically, Gorsuch was dissenting from that ruling against the criminal defendant for the government, that dissent was a concurrence in all but name.
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And back in the fall, CBS faced the unfortunate debut concurrence of Seth MacFarlane's Trek parody series The Orville, which premiered two weeks before Discovery.
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Even if the Fed assented, it would also need the concurrence of five of the following heads of these seven agencies: Federal Deposit Insurance Corp.
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Reuters and other outlets reported July 12 that the FTC had voted to approve the settlement but was awaiting the concurrence of the Justice Department.
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The concurrence of the coffeehouses was a fluke that occurred because Ms. McKeown had to reschedule, said Carter Smith, who founded Common Ground in 2001.
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Reallocation of any funds could only be made with a Presidential finding of necessity and the concurrence of 2/3 of both Houses of Congress.
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"It is beyond rational belief" that the Texas abortion regulations "could genuinely protect the health of women," Justice Ruth Bader Ginsburg wrote in a concurrence.
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At its conclusion, however, session leaders, including three who have served as defense witnesses for J&J, drafted what they called consensus or concurrence reports.
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Justice Ruth Bader Ginsburg wrote a brief concurrence with Gorsuch's opinion that was consistent with her views that statutes can be interpreted to evolve with language.
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The 20-page concurrence was even harder on the animal rights organization, arguing that the majority hadn't gone far enough to stop future litigation by PETA.
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Update, April 24th 9:20AM PT: The article previously referred to Judge Smith's opinion as a dissent, rather than a concurrence, and has now been corrected.
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"At this time, we are not yet able to come to a point of concurrence," NOAA spokesman John Ewald said in an emailed statement last week.
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Fortunately, the Senate's modifications, most of which simply touched on the industry and not patient or plant, were minute enough to earn concurrence in the House.
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Gorsuch's concurrence in Gutierrez-Brizuela became a bone of contention for senators worried about undermining the executive branch's ability to enforce its vision of the law.
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The Autorite de la Concurrence regulator had said that failure by Fnac Darty to meet half of its commitments had "distorted competition and limited consumer choice".
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Bush and a quick analysis of the Copyright Act should take up about three paragraphs, but the decision runs about fifteen pages, with an even longer concurrence.
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But Blackmun was largely drawing on a theory (privacy is rooted in substantive due process) laid out in a concurrence by Justice John Marshall Harlan, in Griswold.
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While Roberts did not write the majority opinion himself, he did join it in full and also wrote a rare concurrence defending the majority's upending of precedent.
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" In his legal filings, Wall said the Court of Appeals got it wrong and rested on a "misreading of a statement in Justice Kennedy's concurrence in Din.
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Lynch, where he issued a lengthy concurrence to an opinion he himself had written — a signal that his colleagues refused to sign on to his ideological agenda.
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" Elizabeth Wydra, president of the Constitutional Accountability Center, told CNN that Kagan's concurrence showed "the substantive battle over the constitutionality of partisan gerrymandering is far from over.
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Check them out: "It is beyond rational belief that HB2 could genuinely protect the health of women," Supreme Court Justice Ruth Bader Ginsburg wrote in her concurrence.
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Kennedy begins his concurrence by trying to identify "common ground" between all the justices in this case: everyone on the court abhors religious and other invidious discrimination.
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"Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and with the Concurrence of two thirds, expel a Member," it says.
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But Mr. Pence's quick endorsement of Justice Thomas's concurrence was just another measure of how important the abortion issue is to him personally as well as politically.
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Among other questions, their argument rests too heavily on a concurrence written by Clarence Thomas in a case involving an appointment to the National Labor Relations Board.
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With the concurrence of his deputy, Rod J. Rosenstein, Mr. Barr seized the opportunity to render a judgment — pronouncing Mr. Trump clear of committing any criminal offense.
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Gorsuch's decision to file a dissent may send a message to future defendants that without inclusion of a property-based argument his concurrence cannot be counted on.
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So the Obama administration instead followed a separate concurrence by Justice Anthony Kennedy, who concluded that waters with a "significant nexus" to navigable waterways should be covered.
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The state Senate on Tuesday passed the bill in a concurrence vote of 25-10; the House also approved it last week by a veto-proof margin.
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But the Court's four liberals dissented, and Anthony Kennedy filed a concurrence arguing that it was possible the Court could develop such a standard in the future.
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Indeed, in his concurrence to Citizens United, Roberts suggested that "hotly contested" issues might provide for exceptions from the principle of stare decisis and respect for precedent.
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The Supreme Court decided the Tyson case on other grounds, but in a concurrence, the chief justice emphasized that class action plaintiffs have to meet constitutional standing requirements.
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This conclusion is "unreasonable", Justice Gorsuch wrote in a concurrence, as "general principles here do not permit discrimination against religious exercise—whether on the playground or anywhere else".
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Robert Jackson, in his concurrence, held that a president's power "is at its lowest ebb" when he "takes measures incompatible with the expressed or implied will of Congress."
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In his concurrence, Justice Kavanaugh sounded a note of sympathy with Jewish veterans and others whose "sense of distress and alienation" led them to object to the cross.
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But his concurrence shows that he's coming at the case from a different angle than the liberals are — one that isn't really about immigration or deportation at all.
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In his concurrence, Justice Alito said the court should have avoided addressing the "very difficult theoretical and empirical questions about the nature of representation" presented by the case.
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The state bill, which passed by a vote of 47-23, now moves back to the Senate for a concurrence vote before heading to Governor Jerry Brown's desk.
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Indeed, by prohibiting the female students in the room from hearing the speech, protesters seem to echo Supreme Court Justice Joseph P. Bradley's 85033 concurrence in Bradwell v.
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Simon even found an early Kennedy opinion from when he was a circuit court judge in the 26s in which he quoted Brennan's concurrence in Furman at length.
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The decision to end the trial followed an in-depth review of data and after obtaining concurrence of the study's Interim Analysis Data Monitoring Committee, the company said.
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What he actually said in his concurrence in Lehnert is that for a union to collect mandatory dues, those dues must be directed toward demonstrated collective bargaining costs.
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The ranking Republican on the Judiciary Committee, Doug Collins, can also subpoena witnesses, records and other material but only with the concurrence of the chairman, Democrat Jerrold Nadler.
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Simon even found an early Kennedy opinion from when he was a circuit court judge in the 1970s in which he quoted Brennan's concurrence in Furman at length.
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Simon even found an early Kennedy opinion from when he was a circuit court judge in the 22013s in which he quoted Brennan's concurrence in Furman at length.
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But all of the Pennsylvania justices, whether in dissent or concurrence, agreed on one thing: Law firms that dupe unsuspecting non-lawyers into unethical agreements must be held accountable.
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But the justices split on why – and a concurrence by three conservatives could signal renewed interest in the critical class action issue of constitutional standing for uninjured class members.
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Even as Judge Gorsuch reassured the Senate about his respect for Supreme Court precedent, Judge Jordan argued in a concurrence in an employment case that Chevron and Auer v.
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In a concurrence authored by Justice Elena Kagan and joined by other members of the court's liberal wing, Kagan suggested that courts would ultimately come up with a fix.
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In a concurrence in the 4th Circuit's May 63 decision, Judge Diana Motz mused that longstanding product liability law does not account for newly ubiquitous Internet retailers like Amazon.
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Justice Kagan, joined by Justices Ginsburg, Breyer, and Sotomayor, wrote a concurrence in which she described the kind of evidence the plaintiffs could submit on remand to establish standing.
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"It is the function of speech to free men from the bondage of irrational fears," Louis Brandeis wrote 90 years ago in his famous concurrence in Whitney v. California.
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In a two-page concurrence, Justice Alito suggested that a new trial may not even be possible in the county where Mr. Evans brought the charges time and again.
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The problem, Justice Kennedy wrote in a 2004 concurrence, is that no one has devised "a workable standard" to decide when the political gerrymandering has crossed a constitutional line.
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"When faced with a demonstrably erroneous precedent, my rule is simple," he wrote last June in a solo concurrence — a separate opinion agreeing with a judgment — in Gamble v.
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This isn't some game where side-deals that are done in secret without the concurrence of the committees of jurisdiction is somehow binding on the members of the committee.
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" A summary of the committee's initial findings states that the committee found "concurrence with the Intelligence Community Assessment's judgments, except with respect to Putin's supposed preference for candidate Trump.
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In a concurrence, Justice Stephen G. Breyer repeated his view that the Supreme Court has entered dangerous territory in subjecting laws regulating economic matters to heightened First Amendment scrutiny.
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The most famous part of the decision is a concurrence from Justice Robert H. Jackson, which set out a framework for considering clashes between presidential power and congressional authority.
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On an administrative level, Roberts had to untangle the cases that Scalia had been assigned, as well as those where he might have been writing a separate concurrence or dissent.
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This ensemble of disparate events seems to convey our hyperconnected society, where concurrence implies no logical relation but only a precarious bond formed by the shared preconditions of all events.
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While there is little to gain from reading the majority opinion, the concurrence and dissent are another story: each signal what we may expect from future decisions on abortion rights.
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And in a concurrence joined by her fellow liberal justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor, Justice Elena Kagan picked up where Justice Kennedy left off in 2004.
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Justice Kennedy regrettably joined Roberts's judgment, but wrote a lengthy, somewhat tortured concurrence in which he refused to endorse the implied conclusion that affirmative action programs are never constitutionally permissible.
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In a concurrence joined by Chief Justice John Roberts and Justice Samuel Alito, Justice Clarence Thomas argued that class action plaintiffs can't pursue classwide claims unless they have individual standing.
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California, a case about free-speech rights for radicals, Brandeis wrote a concurrence that is often called the most eloquent opinion ever written on the value of freedom of expression.
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" In the criminal law, which this case involved even though it was brought as a civil Firrea lawsuit, there must be what is known as a "concurrence of the elements.
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Given the current politically toxic environment, getting the concurrence of 2/3 of both the Senate and the House of Representatives would be unlikely absent an invasion from outer space.
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"To admit this mutual concurrence of powers will carry you into endless absurdity — that Congress has nothing exclusive on the one hand, nor the states on the other," Henry said.
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In concurrence, the Chinese embassy in Washington has beefed up its online presence, including creating a Twitter account for Cui, who nonetheless is more cautious than some of his colleagues.
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A child custody case in 2002 was less of a national cause célèbre, but Moore used the outcome, and his concurrence, to author a vicious attack on same-sex parents.
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Last March, the Supreme Court ruled unanimously that federal courts could hear the DMA's challenge, while Justice Anthony Kennedy in a concurrence called for the Quill ruling to be reconsidered.
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Farmers who are in financial straits can't apply for a guaranteed loan from their local bank, because they have to look for F.S.A. concurrence when decisions are made on one.
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His 2004 concurrence indicated an openness to quantitative measures of partisan skew, and the efficiency gap and similar measures were to some extent devised to answer that demand of his.
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The other three justices joining Alito's concurrence—Justices Ginsburg, Breyer, and Kagan—all might be good candidates to join Justice Sotomayor in reversing the third party doctrine sometime in the future.
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If they think — and they would do this with our concurrence — if they think that they can do some work because we're very far down the line — we're actually very far.
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It's also worth pointing out that Judge Thapar's Havis concurrence marks at least the second time that the judge, a Trump appointee to the 6th Circuit, has explicitly criticized established precedent.
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Justice Breyer joined Justice Sotomayor's 19-page opinion and added a concurrence/dissent of his own urging a more pragmatic, less rule-bound approach to limning the boundaries of protected expression.
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"Chevron and Auer and their like are, with all respect, contrary to the roles assigned to the separate branches of government," the judge wrote in the opening paragraph of his concurrence.
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While Congress has authority under Article I, Section 85033 to expel a seated member with two-thirds concurrence, expulsion for conduct that occurred prior to congressional election would be breathtakingly aggressive.
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"The material contains classified and other sensitive information and is being provided with the expectation it will not be disseminated or disclosed without FBI concurrence," the agency said in a statement.
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According to the department, repealing the rule would require a new rule-making process, or a joint resolution of disapproval by the House and Senate, with concurrence by the new president.
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A somewhat Delphic concurrence by Justice Kennedy in Kerry v Din, an immigration case from 2015, also happens to be at the heart of the lower-court squabbles over the executive order.
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While Gorsuch did not outline his thinking in Monday's case, in March, he tangled with Kavanaugh in a concurrence that took issue with the newest justice's dissent on a variety of matters.
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Aside from imposing sanctions and ejecting Russia from the Group of 8, which it was invited to join in 1994 under Clinton, the Obama administration did little, presumably with Biden's senior concurrence.
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Ginsburg's concurrence is short — it spans just two pages — but forceful, focused mostly on pushing back against arguments from the law's supporters that these new restrictions would make abortion safer in Texas.
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Justice Neil Gorsuch, who wrote a separate concurrence explaining his vote, said that the court was correct to halt the injunction, but that the "real problem" was the rise of nationwide injunctions.
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Nevertheless, Kennedy used his concurrence to unleash a bracing jeremiad against the evils of solitary confinement, in which the defendant had been held for most of his 25-plus years in prison.
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The Senate version of the nuclear bill, House Bill 6 (HB6), is expected to go to the state House of Representatives for a concurrence vote on Wednesday night, one of the analysts said.
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It's also worth noting that in 1991, there was nothing in the record of Anthony Kennedy — who joined Rehnquist's opinion in Webster, not O'Connor's more moderate concurrence — to suggest he supported upholding Roe.
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In a concurrence, Justice Gorsuch disagrees, arguing that regardless of message a wedding cake is a symbol of a wedding and thus it is protected symbolic expression like an emblem or a flag.
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Nevertheless, Kennedy used his concurrence to unleash a bracing jeremiad against the evils of solitary confinement, in which the defendant had been held for most of his more than 25 years in prison.
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Kim, with Xi's collusion or at least concurrence, has even given the president an ultimatum: Lift sanctions in the next six weeks, or find yourself back in the days of pre-apocalyptic confrontation.
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"Until recently, most everyone considered an issued patent a personal right — no less than a home or farm — that the federal government could revoke only with the concurrence of independent judges," he wrote.
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The problem, Justice Anthony M. Kennedy wrote in a 241 concurrence, is that no one has come up with "a workable standard" to decide when the political gerrymandering has crossed a constitutional line.
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In a concurrence to the August ruling, Circuit Judge Patricia Millett had admonished FERC for its use of a procedure she said created a "Kafkaesque regime" that insulated its decisions from judicial review.
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And there seems to be no doubt that Trump is hoping that his latest round of sanctions will have a significant impact, even without the now increasingly unlikely concurrence of his European allies.
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In a concurrence, Justice Anthony M. Kennedy said it might be proper to look behind the offered reason for the denial if there were evidence that consular officer had acted in bad faith.
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INGRAHAM: I&aposm going to have to toot the horn of my old boss, but I am so glad he wrote that in his concurrence because it&aposs long overdue that that be examined.
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In July, France's Autorité de la Concurrence started investigating a series of purchasing alliances between grocers, such as that between Carrefour and Système U. For Carrefour and Casino, too, the real world may intrude.
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Justice Thomas signed this concurrence and penned one of his own repeating his idiosyncratic view that only the federal government—not states or cities—should be subject to the constraints of the Establishment Clause.
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As you've doubtless heard if you're paying attention to Gorsuch's Senate confirmation hearings, the judge revealed last summer, in a concurrence in a complicated immigration case, his constitutional concerns about 1984's Chevron v.
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The resulting public outcry forced Nixon to agree that he would let Bork appoint another special counsel and would not fire this one without the concurrence of a group of eight members of Congress.
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In a concurrence, Justice Alito, joined by Chief Justice Roberts and Justice Thomas, agreed with the result in the case but did not join what he called the "loose rhetoric" in Justice Kennedy's opinion.
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Indeed, two members of the court — Justice Neil M. Gorsuch, joined by Justice Clarence Thomas — issued a concurrence in last month's case indicating that the central problem was the geographic scope of the injunction.
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Article I, Section 3, Clause 6 of the constitution regarding the vote required for conviction on impeachment provides that no person shall be convicted without the concurrence of two thirds of the members present.
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In a concurrence, Justice Anthony M. Kennedy said it might be proper to look behind the offered reason for the denial if there was evidence that the consular officer had acted in bad faith.
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This post originally noted the official decision as 6-3, however it has been updated to reflect Justice Breyer's concurrence in part will count as a vote in favor and thus a 7-2 ruling.
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Douglas Berman, Ohio State University: In an opinion joined by all his circuit colleagues, First Circuit Judge David Barron earlier this year lamented that the "nearly three-decade old, three-justice concurrence" in Harmelin v.
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United States, in which two parents sued the federal government for wrongful death after a stillbirth, he filed a concurrence agreeing that fetuses should count as "minor children" for the purpose of wrongful death suits.
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For example, he provided no evidence that the First Amendment's original meaning supported his position in a 1996 concurrence in which he argued that limiting the political donations of corporations violated their free-speech rights.
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J.B. "Concurrence"; Iceland Symphony Orchestra; Daniel Bjarnason, conductor (Sono Luminus) In this quartet of contemporary works, you'll find Haukur Tomasson's Second Piano Concerto (the best way to hear Vikingur Olafsson on an album this year).
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In a separate concurrence, Judge John Owens called the court's ruling "narrow" because it did not say whether minors who arrive in the U.S. unaccompanied by their parents have the right to a court-appointed lawyer.
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"No one before us disputes that the mandate compels Hobby Lobby and Mardel to underwrite payments for drugs or devices that can have the effect of destroying a fertilized human egg," he wrote in a concurrence.
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"The plaintiffs contend that their interest in reversing the order striking their class allegations is sufficient to satisfy Article III's case-or-controversy requirement, but they misunderstand the status of putative class actions," the concurrence said.
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The French Autorite de la Concurrence said J&J's Janssen had "repeatedly intervened" to block the approval processes in France of Durogesic's generic copies and disparaged them when in contact with doctors and other healthcare professionals.
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The bank said in a statement that "having taken into account feedback received from certain creditors and with the concurrence of the Ministry of Finance of Azerbaijan" it had modified "particular aspects of the restructuring plan".
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And in his own lengthy concurrence, Justice Clarence Thomas denied that "one person, one vote" has any root at all in the constitution, arguing that over half a century of Supreme Court jurisprudence is basically bunk.
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"Because this case involves a foreign corporation, we have no need to reach the question whether an alien may sue a United States corporation under the ATS," Justice Alito said in a footnote in his concurrence.
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"I write separately only to note my disagreement with the suggestion in my colleague's concurrence that a Senate Report is not an appropriate source for this court to consider when interpreting a statute," Justice Sotomayor wrote.
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Although Gorsuch filed one of the four dissenting opinions (the most written in a single case since Obergefell in 2015), his dissent went farther than the majority and was more like a concurrence on other grounds.
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However, Justice Clarence Thomas seemed to be itching to take up the question, penning a 10-page concurrence devoted almost entirely to the issue and expressing deep skepticism about judges' power to grant such sweeping relief.
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And although the immigration authorities' determination was loosely based upon a 2005 Supreme Court decision, Gorsuch wrote a separate concurrence to his own majority decision to criticize that decision -- and explain why it should be read narrowly.
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In a concurrence, Kavanaugh suggested that convicts worried about particular methods of execution should be able to come up with an alternative, and emphasized that the alternative does not have to be legal under current state law.
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"Although I believe that we have reached the correct result as a matter of interpreting the statute before us, I believe even more strongly that the statute should be revised," Judge Gerard Lynch wrote in his concurrence.
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"I absolutely was an advocate, if we could within and conforming to US law, and if we could get policy concurrence to eliminate the security risk posed to our officers by those tapes," Haspel told Democratic Sen.
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According to the study's authors (and in concurrence with my own mother's suggestions), seniors wanted: Many of these features have improved since 2015, such as integration with popular blood sugar trackers, but some of these challenges remain.
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More troubling still for liberals, his concurrence includes a stirring defense of originalism: It should go without saying that our construction of a provision of the constitution must rest on the original meaning of the constitutional text.
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"For some, religion provides an essential source of guidance both about what constitutes wrongful conduct and the degree to which those who assist others in committing wrongful conduct themselves bear moral culpability," he wrote in his concurrence.
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Justice Thomas' concurrence, totaling 20 pages, tells a one-sided and out of context story about the history of birth control and reproductive rights in America by primarily -- and misleadingly -- citing statements by Planned Parenthood founder Margaret Sanger.
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Quoting his concurrence in Parents Involved, Mr Kennedy noted that "[i]n striving to achieve our 'historic commitment to creating an integrated society'...we must remain wary of policies that reduce homeowners to nothing more than their race".
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Kagan wrote a nothing-to-see-here concurrence that underscored how constricted the ruling really was—if the commissioners had not made remarks dissing religion, she implied, the decision would have gone in favor of the gay couple.
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No enemies were in sight, so our leaders — with the strong concurrence of the American people — decided it was safe to dismantle much of the superb nuclear weapons capability that had won that half-century of poised armageddon.
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While the resolution grants subpoena power to the minority-party Republicans, it requires that any such subpoena have "the concurrence of the chair" -- meaning, in effect, the Republicans can issue a subpoena, but only if the Democrats approve.
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He wrote a concurrence earlier in 2017 in the Southwest General case [involving the Vacancies Act] where he said the Vacancies Act with regard to "principal officers" — to the very top people — is unconstitutional based on the Appointments Clause.
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Anderson, like 4th Circuit Judge Motz in her concurrence, said state product liability laws, most of which date to the 1970s, simply never contemplated Internet retailers like Amazon, which, in his view, is a seller in all but name.
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The roadblock was Justice Sandra Day O'Connor, who in a concurrence insisted that the Missouri statute did not require the Court to consider whether Roe was correctly decided because the "fetal personhood" language did not have concrete legal meaning.
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He's famous especially for two opinions: (1) the 1952 Steel Seizures case, in which the court rejected President Truman's attempt to nationalize the steel industry (where Jackson's concurrence became the legal standard for evaluating executive actions); and (2) Korematsu v.
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And Judge Patricia Millet wrote an opinion that is listed as a concurrence, since she agrees that the court is bound by the Brand X decision, but every other part of it is a stinging rebuke of the terrible majority opinion.
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But Justice Elena Kagan predicted in her Whitford concurrence—which may have been the basis of a majority opinion, had Justice Kennedy leaned her way—that she and her colleagues "will again be called on to redress extreme partisan gerrymanders".
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"As with any opinion by Justice Kennedy, I think the million-dollar question is just what he meant in his concurrence, and this may be a perfect case to find out," University of Texas School of Law professor Stephen Vladeck said.
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The bill, called the Presidential Tax Transparency and Accountability Act, passed the state Assembly on a 42-18 vote and will now head to the state Senate for a concurrence vote before being sent to the governor for his signature.
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And prominent appellate judges including Brett Kavanaugh of the D.C. Circuit and Kent Jordan of the 3rd Circuit have questioned Chevron's intersection with separation-of-powers doctrine – as has Supreme Court Justice Clarence Thomas in a 2015 concurrence in Michigan v.
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Lynch, the 2016 immigration suit that prompted the judge's now-famous concurrence spotlighting his constitutional separation-of-powers concerns with Supreme Court's longstanding Chevron doctrine, which calls for courts to defer in most situations to federal agencies charged with administering laws.
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As Justice Sonia Sotomayor explained in a 2012 concurrence, This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.
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Justices Sonia Sotomayor and Ruth Bader-Ginsburg wrote a dissent that included all the presidential statements Roberts and company deemed irrelevant; Justice Kennedy, in a concurrence, basically begged Donald Trump not to say bigoted things when the Court couldn't sanction him for them.
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The resolution also states that the minority may request witnesses to be called and issue subpoenas — but those subpoenas can only be issued "with the concurrence of the chair," meaning that Democrats would have to sign off on any Republican-led subpoenas.
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"That came through in spades today not just in the Arkansas case, but in his separate concurrence in a case striking down a Missouri program that refused to provide otherwise available funds for preschool playgrounds to schools affiliated with religious institutions," Vladeck said.
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Hawaii, with religious and racial discrimination rife, all he could muster was a vote for the Trump administration's travel ban and a mealy-mouth concurrence in which he implored federal officials—who repeatedly have ignored the Constitution—not to ignore the Constitution.
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Justice Ruth Bader Ginsburg weighed in with a one-paragraph concurrence emphasising that when abortion regulations like the Texas rules severely limit a constitutional right, "women in desperate circumstances may resort to unlicensed rogue practitioners...at great risk to their health and safety".
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" Politico reported earlier Wednesday that the proposed rules change could violate Article I of the Constitution, which says "each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
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The thrust of Monday's decision in the Wisconsin case is that an individual must show that his or her specific district was the product of a partisan gerrymander, though a four-justice concurrence left open a different possible path to statewide challenges.
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As part of the settlement, Ferguson's office said the Trump administration agreed to temporarily waive export restrictions on Defense Distributed's downloadable gun files, but said the administration must first get the concurrence of the Defense Department and give Congress a 30-day notice.
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" In her concurrence, Sotomayor agreed the SEIU went too far, but argued that Alito's insinuations that he wanted to rule against agency fees in general "disregard[ed] principles of judicial restraint that define the Court's proper role in our system of separated powers.
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But the Thomas concurrence shows at least three justices are still thinking about the standing of uninjured class members, just as plaintiffs in a case that raises the issue are about to file a response to a petition for Supreme Court review by Conagra Brands.
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We would like to believe that the new members seen in the video laughing at the horrible things being said were not laughing in concurrence with these beliefs, but in fact the opposite—that racism, sexism and homophobia are so wrong that they are laughable.
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We would like to believe that the new members seen in the video laughing at the horrible things being said were not laughing in concurrence with these beliefs, but in fact the opposite — that racism, sexism, and homophobia are so wrong that they are laughable.
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The request was done "in concurrence" with the U.S. attorney's office in New York City, which was enforcing a civil asset forfeiture case against Prevezon Holdings, a company owned by Russian businessman Denis Katsyv, whom Veselnitskaya represented as a private attorney in their home country.
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By rescinding America's concurrence in the summit's joint communique, Trump showed that under his watch the United States is much like John Wayne's character J.B. Books in "The Shootist": It won't be wronged, it won't be insulted and it won't be laid a hand on.
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While addressed to Roberts, probably the most important recipient of Bonilla-Silva's message is Justice Anthony Kennedy, who in a 2004 concurrence said that he believed political gerrymandering could be policed by the courts — if there's a usable, unbiased, practical standard to find out when it's occurring.
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The twist, though, is precisely how the government hopes the three will serve their time: "Furthermore, the United States asks the Court, upon concurrence from Probation, to define community service to include continued work with the FBI on cyber crime and cybersecurity matters," the sentencing memorandum says.
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These starting points for Republicans are both consistent with at least some of the Transparency Agenda put out by the Obama administration in November 2015 as currently being implemented by the U.S. Department of Education (USDE) as well as attracting some Democrat concurrence in the Congress.
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Even if Kennedy doesn't buy a dignity argument for abolishing the death penalty, Simon suspects he'd be swayed by the issue of delays, which Breyer raised — and which were the entire reason for the prisoner's stay in solitary confinement that Kennedy assailed in his concurrence last year.
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"Haiti has shown no improvement in these areas, and the Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that Haiti's inclusion on the 2018 H-2A and H-2B lists is no longer in the U.S. interest," the notice says.
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It's impossible to convey to young people today what the Mercury and Apollo (and other) programs represented 50 or so years ago, especially as they concurred with a time of major achievements in the racial civil rights movement (the concurrence of them is too often overlooked).
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If the consular officer determines, after consultation with the Visa Office, that an applicant does not pose a threat to national security or public safety and the other two waiver requirements have been met, a visa may be issued with the concurrence of a consular manager.
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Citing a 1996 Supreme Court case called Denver Area Educational Telecommunications Consortium v FCC, Judge Jon Neuman recalled the words of Justice Anthony Kennedy's concurrence: "when a local government contracts to use private property for public expressive activity, it creates a public forum" and functions as a state actor.
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In the case that prompted Judge Jordan's vehement concurrence Tuesday, the 3rd Circuit revived a claim by Joseph Egan, a former employee of the Delaware River Port Authority, that he faced retaliation for taking time off under the Family and Medical Leave Act when his migraines kicked up.
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Assurances that nuclear weapons remain an option of absolute last resort, to be considered only after the concurrence of leaders from the executive branch and from the Congress, would also calm the nerves of United States allies deeply troubled by loose talk about the resort to nuclear weapons.
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Judge Thomas Griffith, an appointee of former president George W. Bush, wrote the Friday opinion with a concurrence from Judge Karen Henderson, who was appointed by George Bush Sr. "We express no view on the merits, except to emphasize a crucial aspect of our constitutional design," the opinion says.
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It's a growth that comes in concurrence with a 4 percent increase over last year in series regular characters on broadcast television who are people of color and, within that statistic, an overall increase in racial diversity as characters of all ethnicities have become more visible in mainstream media.
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And in fact, Justice Kennedy's concurrence all but acknowledged that it hadn't tamed Trump: Kennedy's beseeching of officials to uphold the Constitution in their words and actions, even when the judiciary can't do anything to force them to, was such an obvious subtweet that not actually naming Trump felt unnecessarily coy.
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While the concurrence written by Scalia urged the Supreme Court to be very deferential to state election laws, Stevens's qualified opinion said only that the Indiana law had not been proven to be discriminatory on its face, preserving the possibility that other similar statutes could be shown to be unconstitutional.
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Impact of ruling "As both Justice Kavanaugh's majority opinion and Justice Samuel Alito's concurrence stress, today's decision is a very narrow one, and may well be limited to the deeply troubling facts of this one case," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.
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France's Autorite de la Concurrence said in a statement on Monday that the CRE proposal is unfavourable for the 28 million clients on regulated tariffs because it does not correspond to EDF's costs but is rather aimed at allowing the firm's smaller competitors to propose prices similar to or below regulated tariffs.
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And although the court acknowledged that such an agency doesn't interfere with presidential power any more than does a multi-member agency, the court considered it more of a threat to liberty because a single director's power is not checked by co-equal officers whose concurrence is required before the agency can act.
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Kavanaugh went out of his way to file a concurrence in which he said that even if that collection program was a search under the Constitution, he believed it could be done without a warrant because it fell within an exception — and that exception is that the president had ordered the program to combat terrorism.
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The policy was first put into effect in concurrence with a call from Time's Up and #MuteRKelly, in an attempt to limit the promotion of music made by people who have displayed harmful or hateful behavior — like R. Kelly, who has been accused of sexual misconduct for decades, and XXXTentacion, who was accused of assaulting a pregnant woman.
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But if the newly entrenched conservative majority is looking for an opportunity to undo Auer, Judge Amul Thapar of the 6th U.S. Circuit Court of Appeals – who is considered a short-lister for any additional Supreme Court seat that opens up during the Trump presidency – flagged a hot prospect on Monday in his concurrence in U.S. v. Havis.
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Even if Kennedy didn't buy a dignity argument for abolishing the death penalty, Simon said he thought Kennedy would be swayed by the issue of delays, which Breyer raised in his 2015 anti-capital punishment dissent — and which were the entire reason for the prisoner's stay in solitary confinement that Kennedy assailed in his concurrence last year.
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My son has used his Tripp Trapp since he was just six months old, and now well into his fourth year he still sits in it for breakfast, lunch, and dinner, uses it while creating art or working on science projects, and he sits in it every time he feels snack time has arrived, parental concurrence not required.
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As the festival's associate director Monica Sorelle noted to Hyperallergic, Rara, and Rara Lakay in particular, are an essential part of Little Haiti, and it felt important to finally fold them into the festival and further assert their presence, especially as we're witnessing the concurrence of their displacement with the residents and businesses from the neighborhood.
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France's Autorite de la Concurrence said in a statement on Monday the CRE proposal was unfavorable for the 28 million clients on regulated tariffs because about 40 percent of the proposed increase did not correspond to an increase of EDF's costs but was rather aimed at allowing EDF's smaller competitors to propose prices similar to or below regulated tariffs.
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There was this decision a couple years ago, the Packingham Decision, that Justice Kennedy wrote, in which he described the social media platforms as the public square, and Justice Alito wrote a concurrence effectively scolding Justice Kennedy for using that language, saying you don't wanna go down that road, you don't even mean what you're saying.
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Even if Kennedy didn't buy a dignity argument for abolishing the death penalty, Simon said he thought Kennedy would be swayed by the issue of delays, which Breyer raised in his 25 anti-capital punishment dissent — and which were the entire reason for the prisoner's stay in solitary confinement that Kennedy assailed in his concurrence last year.
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In a concurrence arguing that the 1964 law should be interpreted in light of radical changes in how society views homosexuality, Judge Richard Posner wrote, "I don't see why firing a lesbian because she is in the subset of women who are lesbian should be thought any less a form of sex discrimination than firing a woman because she's a woman".
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Justice Kennedy appears to be the key vote in Trump v International Refugee Assistance Project for two reasons: he developed the doctrine of "animus" at the heart of rulings striking down laws that burden gays and lesbians, and his concurrence in a 2015 case suggested that immigration limits might be illegal if an official seems to be acting in "bad faith".
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Apple, along with its wholesale distribution partners Ingram Micro and Tech Data, have been accused and fined by the French competition authority (Autorité de la Concurrence), over operating a cartel — affecting pricing and who could sell products — for virtually all Apple products including computers and tablets, but not the iPhone (which is often sold via mobile phone distributors and carriers).
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Justice Gorsuch has already distinguished himself in the arena of voting rights by approving a process that made it easier for Ohio to purge legitimate voters from the rolls, and in joining Justice Thomas in a flawed concurrence holding that Section 2 of the Voting Rights Act -- the sole safeguard of minority voters against discrimination after the evisceration of Section 5 of the Voting Rights Act by the Supreme Court in Shelby v.
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"Anything that affects the intelligence community, you would first get the agency's concurrence through the chief of station," said Eugene Casey, a former agent who spent more than five years overseas for the F.B.I. An American official said on Monday that Ms. Haspel was not fully briefed at the time on the F.B.I.'s use of an informant in London to gather information about Trump associates or on its plan to interview the Australian diplomat.
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" Nancy Pelosi knew of all of the many Shifty Adam Schiff lies and massive frauds perpetrated upon Congress and the American people, in the form of a fraudulent speech knowingly delivered as a ruthless con, and the illegal meetings with a highly partisan "Whistleblower" & lawyer... Members of Congress cannot be impeached, but the Constitution says each House of Congress "may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
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The concurrence of these events, combined with an enticingly brief reference, in a letter Capote wrote to David O. Selznick from Portofino, to a "Swedish mother and daughter who share a fisherman between them," provides Castellani with the germ of his novel, in which not just Williams and Merlo but Burns and his Italian boyfriend, Sandro Nencini, decide at the last minute to go to Capote's party, where they meet one another and also the aforementioned Swedish mother and daughter, Bitte and Anja Blomgren.
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"Should he, contrary to probability, be impeached, he is afterwards to be tried and adjudged by the Senate, and without the concurrence of two-thirds of the members who shall be present, he cannot be convicted — This Senate being constituted a privy council to the President, it is probable many of its leading and influential members may have advised or concurred in the very measures for which he may be impeached," Luther Martin, a delegate to the Constitutional Convention, observed in his November 1787 address to the Maryland legislature.
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