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22 May 2013, 9:05 am
Justices Roberts, Kennedy and Alito dissented. [read post]
22 May 2013, 9:05 am
Justices Roberts, Kennedy and Alito dissented. [read post]
28 Mar 2013, 9:12 am
Here is the syllabus from the opinion, which was written by Scalia, with Roberts, Kennedy, Thomas, and Alito joining: Petitioners, Comcast Corporation and its subsidiaries, allegedly “cluster” their cable television operations within a particular region by swapping their systems outside the region for competitor systems inside the region. [read post]
26 Jun 2013, 1:47 pm
In a 5-4 decision in which Justices Alito, Roberts, Scalia, Kennedy and Thomas were the majority and Kagan, Ginsburg, Breyer and Sotomayor dissented, the majority ruled to overturn the Florida Supreme Court ruling. [read post]
12 Jul 2013, 6:07 pm
In a majority opinion written by Justice Anthony Kennedy and joined by Chief Justice Roberts, and Justices Alito, Scalia, and Thomas, the Court essentially held that the retaliatory motive had to be “the” determining factor. [read post]
20 Jun 2015, 8:16 am
Davis has garnered a good deal of national attention for the colloquy between Justice Anthony Kennedy and Justice Clarence Thomas on the constitutionality of solitary confinement for long periods of time, a constitutional issue not raised by anyone in this case. [read post]
26 Mar 2013, 3:55 pm
Justice Scalia was joined by Justices Thomas, Ginsburg, Sotomayor, and Kagan. [read post]
30 Jan 2021, 9:17 am
Howell shared an episode of the Lawfare Podcast, which includes audio from last week’s confirmation hearings of four core national security nominees: Avril Haines, Alejandro Mayorkas, Lloyd Austin and Antony Blinken: Tia Sewell shared the livestream of the Senate Foreign Relations Committee hearing on the nomination of Linda Thomas-Greenfield to be the U.N. ambassador. [read post]
6 Jun 2018, 7:15 am
City and County of San Francisco, four justices - including key swing-voter Anthony Kennedy - joined then-Chief Justice William Rehnquist's concurring opinion calling on the Court to reconsider Williamson County. [read post]
2 May 2020, 8:39 am
Karl Eikenberry and David Kennedy asked whether the COVID-19 pandemic truly resembles a war. [read post]
24 Oct 2013, 12:00 am
Judge Thomas Bishop just granted the writ, a rare enough event, finding that the trial performance of Skakel’s lawyer, Mickey Sherman, was deficient as a matter of law. [read post]
8 Oct 2014, 7:05 am
I wish I could" - Chief Judge Alex Kozinski of the 9th Circuit"Caustic Exploitation" - Justice Antonin Scalia's "unapologetic" use of adverbs - a legal linquist"More likely to lose an appeal" - lawyer's excess use of adverbs in briefs - 2008 study by law scholars"Work in your favor" - if judge likes their use"I do not like adverbs...there use is a cop-out" - Justice Anthony Kennedy"The road to hell is pave with… [read post]
15 Jan 2016, 1:42 pm
The question then is whether at least one of the other justices (perhaps Anthony Kennedy?) [read post]
2 Jul 2013, 4:53 pm
In an opinion written by Justice Kennedy, with Chief Justice Roberts and Justices Scalia, Thomas, and Alito joining, the Court began with the premise that "causation in fact—i.e., proof that the defendant's conduct did in fact cause the plaintiff's injury—is a standard requirement of any tort claim." [read post]
19 Sep 2018, 1:31 pm
-Two Thomas clerks, one Roberts clerk, and one Alito clerk are partners at a boutique founded by at least some of them. [read post]
1 Jul 2014, 8:00 am
Justice Breyer wrote the majority opinion, joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan. [read post]
19 Jun 2017, 2:08 pm
S. 158, 170 (1992) (Kennedy, J., concurring). [read post]
8 Oct 2008, 6:44 pm
” Justice Kennedy then asked Mr. [read post]
7 Mar 2019, 9:01 pm
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
23 Oct 2016, 3:54 pm
Kennedy “Information wants to be free. [read post]
