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6 Nov 2009, 12:53 am
"Justice Kennedy is usually the swing vote on the court and oft-considered the body's bellwether. [read post]
23 Jan 2012, 11:32 am by Steve Hall
What should matter, he said, is the contemporary reasonable expectation of privacy. [read post]
27 Jan 2022, 4:35 pm by Mark Walsh
It was unlikely to be a matter of coincidence, though neither Biden nor Breyer mentioned the similar event involving Clinton and Blackmun. [read post]
29 Aug 2007, 12:52 am
Update: If you missed Media Matter's take on the yesterday's WSJ article, it's here and well worth a read. [read post]
With regard to the first factor, Judge Reinhardt correctly concludes that Justice Kennedy’s opinion in Windsor examines the actual purpose of DOMA in considerable detail, and that an emphasis on the legislature’s actual purpose strongly suggests that some form of heightened scrutiny is being applied. [read post]
4 Mar 2013, 6:52 am by Wystan M. Ackerman
  Justice Kennedy also suggested that the arbitration could be a less formal and less costly proceeding, but he also pointed out that there was no factual record on that point. [read post]
24 Apr 2014, 5:38 am by Jeff Gamso
 Justice Kennedy, on behalf of himself Breyer, Ginsburg, Kagan, and Alito declared that they're supposed to make it up. [read post]
30 Nov 2014, 12:00 am
Wasn’t there doubt about whether the man who killed President Kennedy was really Lee Harvey Oswald? [read post]
19 Nov 2018, 7:35 am by David Post
So, too, for persons charged with sex crimes, no matter how heinous. [read post]
5 Nov 2015, 1:16 pm by Florian Mueller
Samsung injunction-related ruling (and to Justice Kennedy's famous concurrent opinion in eBay v. [read post]
17 Feb 2021, 4:31 am by Neil Wilkof
Being an IP blog, this Kat will focus on the subject matter of the first part of Coward’s observation. [read post]
24 May 2017, 12:03 pm by Guest Blogger
 As Justice Kennedy for the Court remarked in Bethune Hill, “Traditional redistricting principles . . . are numerous and malleable . . . . [read post]
24 Mar 2013, 7:14 am by Jack Pringle
  Put it this way, (and borrowing from Dennis Kennedy), you only need a sheet of paper to map out how you communicate and collaborate with your staff and other attorneys. [read post]
4 Dec 2024, 4:00 am by Michael C. Dorf
Even in a normal administration, on many matters, formal and informal committees merely provide advice; the president alone is, in George W. [read post]
8 Jun 2022, 6:00 am by Guest Blogger
The old test protected rights that are either traditional or inherent to liberty: as Justice Kennedy wrote in Obergefell, “History and tradition . . . do not set [fundamental rights’] outer boundaries. [read post]
22 Mar 2013, 12:09 pm by Luke Rioux
Kennedy wrote the Harris opinion, but may have softened on the issue. [read post]
24 Mar 2013, 7:14 am by Jack Pringle
  Put it this way, (and borrowing from Dennis Kennedy), you only need a sheet of paper to map out how you communicate and collaborate with your staff and other attorneys. [read post]