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17 Aug 2009, 1:58 pm
Simmons, 543 U.S. 551 (2005) and Kennedy v. [read post]
24 Feb 2010, 6:52 am by Anna Christensen
Below, Jonathan Eisenman, an associate at Akin Gump, recaps Monday’s oral argument in Lewis v. [read post]
28 Jun 2021, 8:57 am by Keith E. Whittington
We have announced our next live webinar, which will feature Randall Kennedy of Harvard and Jonathan Zimmerman of Penn. [read post]
27 Jun 2016, 8:05 am by Jonathan H. Adler
Justice Breyer wrote the majority opinion, joined by the Court’s other liberals (Justices Kagan, Ginsburg, and Sotomayor) and Justice Kennedy. [read post]
12 Mar 2014, 9:28 am
Like most, Jonathan predicts that the courts will ultimately defer to Congress on this question, and the smart money is always that Congress will defer to Congress. [read post]
27 May 2014, 7:46 am
 According to Kennedy, Florida’s rule violates the Eighth Amendment prohibition on cruel and unusual punishment. [read post]
17 Jun 2019, 6:41 am by Jonathan H. Adler
As Justice Kennedy noted in one of his final opinions on the Court, some courts grant agencies "reflexive deference" after only "cursory" examinations of the relevant statutory text. [read post]
7 Jul 2018, 1:05 pm by Jonathan H. Adler
Judge Kethledge is another former Kennedy clerk in contention. [read post]
8 Aug 2011, 12:18 pm by Zoe Tillman
Attorneys Jonathan Haray and Susan Menzer are prosecuting the case. [read post]
26 Jun 2018, 8:05 am by Jonathan H. Adler
It is even more so read in light of Justice Kennedy's concurrence, as Justice Kennedy provided the fifth vote for the judgment. [read post]
25 May 2010, 4:42 am by Brandon Bartels
Jonathan Adler took issue with my generalization, pointing out cases — such as Mass v. [read post]
19 May 2014, 7:35 am
Justice Breyer dissented, joined by the Chief Justice and Justice Kennedy. [read post]
23 Jun 2014, 5:35 pm
Justice Kennedy, who is so often the swing vote on the current Court, agreed with the Chief Justice more often (88%) than he did with any other justice. [read post]