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26 Jun 2013, 7:58 pm by Howard Friedman
 The dissent arguing in favor of standing was written by Justice Kennedy, and joined by Justices Thomas, Alito and Sotomayor. [read post]
26 Jun 2013, 2:00 pm by Joanna L. Grossman
  President Obama announced his support for gay marriage before winning re-election in November 2012, and still won. [read post]
26 Jun 2013, 1:37 pm by David S. Cohen
In re-reading the marriage cases this afternoon, something struck me: where are the liberals? [read post]
26 Jun 2013, 12:58 pm by Amy Howe
  (In this week’s version of “Supreme Court Justices:  They’re Just Like Us,” the version of the opinion that was distributed to reporters misspells “statutes” as “statues,” suggesting that perhaps someone was up late last night finishing up the draft.) [read post]
25 Jun 2013, 6:09 am by Staci Zaretsky
” We might find out the answer today if we’re lucky. [read post]
24 Jun 2013, 10:42 pm by Jeff Gamso
  Kennedy said,A people confident in its laws and institutions should not be ashamed of mercy. [read post]
24 Jun 2013, 8:35 am by Mark Graber
  Unions for all practical purposes enjoyed a forty year losing streak from 1895 (In re Debs) to 1936 (Carter v. [read post]
21 Jun 2013, 7:28 am by Allison Trzop
Steven Mazie of Big Think discusses how Justice Kennedy might vote in Fisher v. [read post]
20 Jun 2013, 10:04 am by Prashant Reddy
            Shortly after the Eleventh Circuit’s decision in Actavis, the Third Circuit rejected the “scope of the patent test” in the In re K-Dur Antitrust Litigation and instead applied the “quick look” test to find the reverse payment settlement there presumptively illegal. [read post]
20 Jun 2013, 6:13 am by Joe Consumer
If you were (or, of course, still are) a Sopranos devotee, you probably remember the episode Kennedy and Heidi during the show’s last season – the one where Tony puts Christopher out of his misery for good. [read post]
20 Jun 2013, 5:00 am by Bexis
While we’re waiting for the Supreme Court to issue its preemption ruling in the Bartlett case (possibly as early as 10:00 a.m. today), we thought we’d examine the Court’s recent preemption decisions in non-drug/medical device cases, Hillman v. [read post]
17 Jun 2013, 6:51 pm by Joey Fishkin
 (Justice Kennedy wrote separately to disagree with this.)This part of today’s opinion is a sweeping affirmation of federal power to regulate the procedural elements of federal elections—not just “time” and “place” but everything else, from the machines we use to cast our votes to the deadlines states set and the forms they require, the physical accessibility of polling places and the rules for absentee ballots. [read post]
12 Jun 2013, 7:51 am by Joy Waltemath
It’s even less, by the way, if you’re an African American or a Latina. [read post]
4 Jun 2013, 2:04 pm by Darren Rosenblum
     In preparing to come here, I re-read Duncan Kennedy's The Three Globalizations of Law & Legal Thought. [read post]