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28 May 2008, 1:47 pm
  As for those prior decisions, unlike Justice Kennedy, Justice Thomas continues to insist that Jackson was wrongly decided and, therefore, an inappropriate basis for today’s decision. [read post]
28 Jun 2012, 7:32 am by Lawrence Solum
 Many commentators predicted an 8-1 decision, with Justice Thomas dissenting on originalist grounds. [read post]
20 Jul 2023, 6:00 am by Josh Blackman
Justices Thomas, Alito, and Gorsuch were able to conclude that the record favored a ruling for the church. [read post]
26 Feb 2018, 12:23 pm by Amy Howe
However, five justices – Justice Samuel Alito, joined by Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas – suggested that they might be willing to reconsider Abood. [read post]
23 Apr 2013, 9:01 pm by Michael C. Dorf
” It is not entirely clear what questions Justice Kennedy believes have been left open, but one possibility is that he reads the majority opinion as only applying to a case like Kiobel itself, in which the defendants are foreigners. [read post]
3 Nov 2014, 10:28 am by Lyle Denniston
  A simple official disclaimer of what message a passport does not convey might be the answer, Kennedy suggested. [read post]
11 Jan 2013, 9:02 pm by Lyle Denniston
Kennedy, who wrote the main opinion, and Justice Antonin Scalia. [read post]
27 Apr 2020, 7:56 am by Jonathan H. Adler
Justice Alito, joined by Justices Gorsuch and Thomas, dissented. [read post]
17 May 2010, 7:07 am by Lyle Denniston
Kennedy wrote both of those opinions. [read post]
26 Jun 2017, 2:44 pm by Leslie Griffin
Not a word from Justices Anthony Kennedy or Elena Kagan, who should have known better. [read post]
13 Jul 2012, 6:43 am by Rachel Sachs
Justice Kennedy spoke at the Aspen Institute about the Constitution and the Court, in an event moderated by Akhil Amar and Elliot Gerson. [read post]
17 Jul 2012, 12:30 am
  The Court answered "no" to but commentators have taken the real importance of the case to lie in the broadly anti-union rhetoric of the majority opinion by Justice Alito (joined by the other conservatives: CJ Roberts and Justices Scalia, Kennedy and Thomas). [read post]
1 Jul 2007, 5:37 pm
J., and Scalia, Kennedy, and Breyer, JJ., joined. [read post]
27 Jun 2011, 12:00 pm by Kali Borkoski
  Justice Kennedy wrote the plurality opinion, which was joined by the Chief Justice and Justices Scalia and Thomas. [read post]
1 May 2009, 1:59 pm
Against the background of his brethren - most notably Rehnquist, Scalia, Thomas, Kennedy, Roberts and Alito - Souter is clearly on the more liberal side of the Court on most controversial issues. [read post]
29 Feb 2012, 6:51 am by Conor McEvily
” John Gibeaut at the ABA Journal discusses the calls for Justices Thomas and Kagan to recuse themselves from the challenges to the Affordable Care Act and concludes that even after next month’s arguments in the case, “the debate will likely continue. [read post]