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9 Sep 2020, 3:18 pm by Amy Howe
Less than a year later, Trump nominated in July 2018 to fill the vacancy created by the retirement of Justice Anthony Kennedy. [read post]
18 Aug 2020, 7:10 pm by Amanda Frost
” has become a rallying cry of conservatives, who despaired when Souter joined Justices Anthony Kennedy and Sandra Day O’Connor in a plurality opinion in the 1992 decision Planned Parenthood v. [read post]
18 Aug 2020, 2:18 pm by Sasha Volokh
True, no Democratic appointee has been replaced by a Republican appointee in the past 29 years (in fact, the opposite has happened), but moderate Republican appointees have been replaced by arguably less moderate ones: Chief Justice John Roberts, and Justices Samuel Alito, Neil Gorsuch, and Brett Kavanaugh, as a whole, are probably more conservative than Justices William Rehnquist, Sandra Day O'Connor, Antonin Scalia, and Anthony Kennedy (though concepts like… [read post]
17 Aug 2020, 11:58 am by SCOTUStalk
Tom Goldstein, the publisher of SCOTUSblog and partner at Goldstein & Russell, P.C., has argued more than 40 cases before the Supreme Court since his first oral argument in 1999. [read post]
14 Aug 2020, 10:44 am by Adam Feldman
The next chart compares the score differences of Justice Anthony Kennedy in his final year on the court with the score differences of his successor, Justice Brett Kavanaugh, in his first year. [read post]
5 Aug 2020, 7:29 am by Jason Hernandez
 In a 2003 speech, former Supreme Court Justice Anthony Kennedy referred to pardon power as a necessity to ensure justice is administered and adjusted over time:  “A people confident in its laws and institutions should not be ashamed of mercy. [read post]
4 Aug 2020, 1:16 pm by Kalvis Golde
He highlighted recent justices who surpassed that average: Scalia served for 30 years, Justice Anthony Kennedy for 29, Justice John Paul Stevens for 35 and Chief Justice William Rehnquist for 33. [read post]
29 Jul 2020, 5:04 pm by Josh Blackman
Biskupic also explains that Kavanaugh sought to separate himself from Trump: In 2018, Trump chose Kavanaugh to succeed Kennedy, convinced by advisers that the Bush loyalist would be true to Trump and his brand of conservatism. [read post]
21 Jul 2020, 7:00 am by Ronald Collins and David Hudson
Compare his 15 with the total number of such opinions written by Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan (9), or the total for Justices Antonin Scalia, Clarence Thomas and Samuel Alito (15), or even the total for Justice Anthony Kennedy alone (7). [read post]
16 Jul 2020, 2:30 pm by Guest Blogger
  Similarly, some progressive pundits have carped that the Court’s dispatch of Trump’s claim of immunity from subpoenas resulted merely in remands that will likely keep his financial records secret through the November election – without acknowledging that such remands were, under the circumstances, routine, in practice, unavoidable.Third, progressives should not buy into the line some conservatives are now trumpeting, that Roberts.is “drifting left,” recycling the… [read post]
10 Jul 2020, 4:36 pm by Adam Feldman
The only other justice to decide 50 or more cases in a term and maintain such a high frequency in the majority since OT 2005, when Roberts joined the court, was Justice Anthony Kennedy (he achieved the feat three times). [read post]
10 Jul 2020, 2:18 pm by Ilya Somin
McGinnis also notes that Roberts is in an unusually strong position to engage in balancing, because he's not only the chief justice but—since the retirement of Justice Anthony Kennedy in 2018)—also the key swing voter on the Court: His performance this term has been completely in keeping with that distinctive self-consciousness and concern with protecting an institution that he no doubt sees under threat. [read post]
7 Jul 2020, 11:35 am by Adam Feldman
Looking at a few other summary metrics, the swing justice for the majority of the time period, Justice Anthony Kennedy, was by far the most common majority opinion author when precedent was altered. [read post]
7 Jul 2020, 8:24 am by Eugene Volokh
Jones, New York Live Arts Wendy Kaminer, writer Matthew Karp, Princeton University Garry Kasparov, Renew Democracy Initiative Daniel Kehlmann, writer Randall Kennedy Khaled Khalifa, writer Parag Khanna, author Laura Kipnis, Northwestern University Frances Kissling, Center for Health, Ethics, Social Policy Enrique Krauze, historian Anthony Kronman, Yale University Joy Ladin, Yeshiva University Nicholas Lemann, Columbia University Mark Lilla, Columbia University Susie Linfield, New… [read post]
3 Jul 2020, 2:15 pm by Howard Bashman
“John Roberts has gone full Anthony Kennedy”: Curt Levey has this essay online at The Washington Post. [read post]
2 Jul 2020, 10:15 am by Adam Feldman
Despite these decisions, the numbers belie Roberts’ supposed role as a “swing” justice akin to Justice Anthony Kennedy. [read post]
2 Jul 2020, 9:31 am by Amanda L. Tyler
For example, Justice Anthony Kennedy’s majority opinion in Boumediene stated that the Supreme Court “has been careful not to foreclose the possibility that the protections of the Suspension Clause have expanded along with post-1789 developments. [read post]