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9 May 2017, 4:59 am by Jane Chong
” Even if Mandel does apply, the government’s insistence that the court not look behind the executive order’s text disregards the “bona fide” prong of the standard; as Justice Kennedy explained in his plurality opinion in Kerry v. [read post]
16 Jul 2008, 7:55 am
Kennedy observed that only six states allowed executions for this heinous crime. [read post]
27 Aug 2010, 11:58 am by Jonathan H. Adler
In making this argument, the SG notes that the decision to recognize Massachusetts’ standing in Mass v. [read post]
12 Nov 2008, 11:44 am
  The Ohio Supreme court tackled that issue a year ago in State v. [read post]
1 Jun 2015, 3:57 am by Amy Howe
” At the Constitutional Accountability Center’s Text and History Blog, Akhil Amar and Doug Kendall discuss – among other things – President Abraham Lincoln’s “life in Illinois and the constitutional vision he developed as a lawyer in the Territories” and “Justice Anthony Kennedy’s upbringing in Californiaand its influence on what he may be thinking in the pending” challenges to state bans on same-sex marriage. [read post]
7 Mar 2012, 6:36 am by Conor McEvily
Joe Palazzolo of the Wall Street Journal Law Blog reports that Antoine Jones, the respondent in United States v. [read post]
28 Nov 2017, 10:23 am by Ronald Mann
I would not have been surprised if this little statutory case had been a letdown after the constitutional concerns with which the justices began their morning in Oil States Energy Services v. [read post]
15 Mar 2007, 7:07 am
The Court upheld an analogous state-law corporate-PAC requirement in the 1990 case of Ausin v. [read post]
26 Apr 2018, 4:29 am by Edith Roberts
” At the Election Law Blog, Richard Pildes imagines a scenario in which “Justice Kennedy could still be line to write the  lead opinion in Gill [v. [read post]