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27 Jun 2014, 9:29 am
Justice Kennedy, writing for the Court in Paroline, emphasized that Congress made restitution “mandatory” in § 2259(b)(4); he was loathe to send a victim away empty-handed in the face of congressional intent to the contrary. [read post]
27 Jun 2014, 9:10 am
However, five Justices (Breyer, Kennedy, Ginsburg, Sotomayer, and Kagan) joined in basing their decision on the fact the Senate break during which the President made these particular appointments was only three days in duration. [read post]
27 Jun 2014, 4:00 am
Kennedy and Thomas, the other written by J. [read post]
26 Jun 2014, 7:19 pm
The very short concurring opinion of Justice Ginsburg in the Supreme Court's Halliburton opinion looms very large, given that the opinion was joined by Justices Sotomajor and Breyer and the Court's opinion by Chief Justice Roberts and joined by Justices Kennedy and Kagan does not have a majority without it. [read post]
26 Jun 2014, 3:22 pm
Justice Breyer’s majority opinion was joined by justices Kennedy, Ginsburg, Sotomayor, and Kagan. [read post]
26 Jun 2014, 1:34 pm
Justices Scalia, Kennedy, and Thomas vigorously dissented. [read post]
26 Jun 2014, 12:53 pm
The Court was unanimous in the judgment, but not in the reasoning--the Chief (surprisingly, sans pithy quips) wrote for the Court; Justice Scalia concurred (angily) in the judgment, joined by Justices Kennedy and Thomas; and Justice Alito separately concurred in the judgment. [read post]
26 Jun 2014, 12:47 pm
The majority (opinion by Justice Breyer for himself and Chief Justice John Roberts, along with Justices Ruth Bader Ginsburg, Anthony Kennedy, Elena Kagan, and Sonia Sotomayor) took route 1; the dissent (Justice Antonin Scalia, joined by Justices Clarence Thomas and Samuel Alito), route 2. [read post]
26 Jun 2014, 12:39 pm
Kennedy and Clarence Thomas. [read post]
26 Jun 2014, 12:13 pm
Justice Antonin Scalia wrote a separate opinion that was joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito. [read post]
26 Jun 2014, 11:17 am
Justices Scalia, Thomas, and Kennedy are on the record in Hill in concluding that the “protest, education, or counseling” law was content-based. [read post]
26 Jun 2014, 10:08 am
And here is the argument from Justice Scalia’s dissent, joined by Justices Thomas and Kennedy, that such speech would indeed likely be excluded by the law (some paragraph breaks added): The Court takes the peculiar view that, so long as the clinics have not specifically authorized their employees to speak in favor of abortion (or, presumably, to impede antiabortion speech), there is no viewpoint discrimination. [read post]
26 Jun 2014, 9:56 am
Kennedy, and Sonia Sotomayor. [read post]
26 Jun 2014, 8:22 am
Indeed, Justice Scalia himself—in the Joint Dissent authored by Justices Scalia, Thomas, Kennedy and Alito, in NFIB (the major 2012 constitutional challenge to health reform ) described the ACA’s state-federal health exchange division-of-labor without any doubt as to the provision of the subsidies on federal exchanges. [read post]
26 Jun 2014, 8:08 am
Justice Scalia's opinion, joined by Justices Kennedy and Thomas, concurring only in the judgment, criticizes the majority's approach:Today’s opinion carries forward this Court’s practice of giving abortion-rights advocates a pass when it comes to suppressing the free-speech rights of their opponents. [read post]
26 Jun 2014, 7:48 am
Four justices (Scalia, Thomas, Kennedy, and Alito) concurred in the judgment would have gone further. [read post]
26 Jun 2014, 7:37 am
Chief Justice Roberts writes the main opinion, and there's a Scalia concurrence, joined by Kennedy and Thomas, and an Alito concurrence. [read post]
25 Jun 2014, 12:05 pm
The majority (Breyer + Ginsburg, Kennedy, Kagan, and Sotomayor) took route 1; the dissent (Scalia + Thomas and Alito), route 2. [read post]
25 Jun 2014, 11:03 am
Kennedy, and Sonia Sotomayor. [read post]
25 Jun 2014, 6:31 am
He was more likely to vote with Chief Justice Roberts, Justice Kennedy, Justice Thomas or Justice Alito than any of the other liberals. [read post]
