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18 May 2010, 10:19 am
Justice Kennedy concurred in the judgment. [read post]
24 May 2011, 9:05 pm
I speculated that Justice Kennedy's opinion indicates that five justices (Kennedy himself, as well as Justices Ginsburg, Breyer, Sotomayor, and Kagan) are prepared to say that Congress cannot, outside of clearly recognized categories or without providing an adequate alternative, simply cut off what would otherwise be a standard judicial remedy for the violation of constitutional rights. [read post]
14 May 2018, 12:19 pm
Kennedy and Clarence Thomas. [read post]
5 Mar 2014, 6:33 am
Justices Scalia and Thomas joined the majority in principal part, but Justice Scalia wrote a separate dissent which Justice Thomas joined. [read post]
22 May 2017, 2:55 pm
Kennedy/ Justice Alito, Jr., wrote the dissenting opinion on the District 12 issue, joined by the Chief Justice and Justice Kennedy. [read post]
19 Sep 2018, 9:00 pm
The six justices with executive experience remained solid conservatives (Burger, Rehnquist, Scalia, Thomas, Roberts, and Alito); while the six without such backgrounds became moderates and even liberal (Blackmun, Powell, Stevens, O’Connor, Kennedy, and Souter). [read post]
7 Feb 2022, 4:00 am
Kozinski was a feeder judge to Justice Kennedy, so Kavanaugh made his way into an even more coveted position as Justice Kennedy's law clerk. [read post]
30 Oct 2023, 4:00 am
Texas and the other states relied on the "independent state legislature" (ISL) theory that had been tentatively launched by Chief Justice Rehnquist in his concurrence (joined by Justices Scalia and Thomas) in Bush v. [read post]
23 Apr 2014, 3:33 pm
Justice Scalia’s concurring opinion was joined by Justice Thomas. [read post]
23 Mar 2016, 12:49 pm
Kennedy deployed that word in obvious sympathy to those institutions. [read post]
15 Jan 2008, 7:04 am
Alito, Jr., Antonin Scalia and Clarence Thomas. [read post]
2 Mar 2010, 8:26 am
Chicago, et al. (08-1521) found all members of the Court actively involved except the usually silent Justice Clarence Thomas. [read post]
18 Feb 2013, 5:00 pm
The six-to-three opinion by Justice Thomas was joined by Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Ginsburg, and Justice Alito. [read post]
25 Sep 2020, 2:27 pm
Don McGahn can never get enough credit for opening up the Kennedy seat. [read post]
6 Aug 2018, 9:30 pm
Supreme Court justices, Justice Clarence Thomas, for his part, has questioned Chevron’s constitutionality. [read post]
30 Jun 2011, 3:08 pm
Kennedy. [read post]
18 Jun 2013, 9:01 pm
But interestingly, Justice Kennedy was open to the possibility that there should be no presumption against preemption in any cases. [read post]
4 Jun 2019, 10:45 am
The remainder are in California (7), New York (3), the DC area (3), and Florida (2), along with Thomas M. [read post]
11 Oct 2018, 6:52 pm
Compare the Clarence Thomas/Anita Hill hearings. [read post]
27 Sep 2021, 4:30 am
But the actual voting pattern we see is also a far cry from what Justices Barrett, Thomas, and Breyer would have us believe. [read post]