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2 Jul 2010, 8:00 am by William Carleton
Earlier this week I approved Justice Kennedy's effort in the Bilski case to read two disparate provisions of the Patent Act, each enacted by a different Congress, as a consistent whole.Rather than conduct an inquiry into the "intent" of the subsequent Congress, Justice Kennedy applied a formalistic principle of statutory construction. [read post]
11 Oct 2012, 6:32 pm by admin
Living in a Public BetaThere’s been a lot of discussion lately about what many see as Apple’s stumble with its maps application in iOS 6. [read post]
11 Oct 2012, 6:32 pm by admin
Living in a Public BetaThere’s been a lot of discussion lately about what many see as Apple’s stumble with its maps application in iOS 6. [read post]
14 Jun 2012, 11:20 am by Lyle Denniston
Justice Kennedy is likely to call for a response from the challengers to Proposition 200 before acting on the application, or sharing it with the other Justices. [read post]
28 Jan 2011, 1:20 pm by imlablog
However, recognizing the Corps’ expertise in administering the CWA, we give deference to its interpretation and application of Justice Kennedy’s test where appropriate. [read post]
3 Dec 2014, 7:09 am by Docket Navigator
The Kennedy Trust for Rheumatology Research, 1-14-cv-02256 (NYSD December 1, 2014, Order) (Crotty, J.) [read post]
23 Jun 2016, 11:43 am by Lyle Denniston
The majority included Kennedy and Justices Stephen G. [read post]
22 Jun 2010, 9:00 pm
Dear Chief Justice Roberts, and Justices Stevens, Scalia, Kennedy, Thomas and Alito:  My office is just a few miles up the street from yours. [read post]
1 Jul 2015, 8:22 am by Douglas NeJaime
As we have shown, the Court decided Hobby Lobby on narrow tailoring grounds that illuminate the federal RFRA’s application more generally.Chief Justice Roberts also read Justice Kennedy’s discussion of religious liberty objections to marriage as having import beyond the questions at issue in Obergefell. [read post]
4 Jul 2010, 12:14 pm
The first of the two-parts this week will focus on Justice Kennedy's majority opinion. [read post]
6 Jan 2016, 8:54 am by Misha Tseytlin
Two Terms ago, Justice Antonin Scalia – joined by Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito – opined in a concurring opinion that the courts should not create “an entirely separate, abridged edition of the First Amendment applicable to speech against abortion. [read post]