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25 Mar 2016, 4:02 am by Marty Lederman
As I explained in my earlier post, the Court's disposition of Zubik will likely turn, as Justice Kennedy suggested at oral argument, on "whether or not there are less restrictive alternatives" for advancing the government's compelling interests. [read post]
3 Apr 2014, 2:58 pm by Joey Fishkin
 In McCutcheon the Chief expands on Kennedy, and takes the point in a new direction:“Ingratiation and access . . . are not corruption. [read post]
17 Nov 2022, 6:30 am by Guest Blogger
(Here I distinguish the preservative conservativism of Justices Harlan, the early Blackmun, Powell, O’Connor, Kennedy, and Souter from the counter-revolutionary or movement conservatism of Justices Scalia, Thomas, and Alito.) [read post]
25 Jun 2015, 5:22 am by Patricia Salkin
 Such a regulation may be  content­based even if it does not discriminate based on subject matter or viewpoints. [read post]
14 Sep 2010, 2:41 pm by Dennis Crouch
  Although the Bilski Opinion disallowed the Bilski application they stated that under certain conditions business methods could still be patentable subject matter. [read post]
6 Nov 2008, 8:45 pm
See id. at 22-23 (government agreeing with Wyeth on facts in response to question from Justice Kennedy).How did the FDA address the risk in Levine? [read post]
11 Aug 2015, 5:46 am by Lloyd J. Jassin
Kennedy's Pulitzer Prize-winning book, "Profiles in Courage,” for which JFK took both the prize and sole author credit for. [read post]
29 Jul 2016, 1:07 pm by Lloyd J. Jassin
Kennedy's Pulitzer Prize-winning book, "Profiles in Courage,” for which JFK took both the prize and sole author credit for. [read post]
10 Sep 2016, 11:14 am by Rebecca Tushnet
  When nonconfusing as matter of law, people get used to the practice.Rebecca TushnetJeannie Fromer did the heavy lifting about what has reached legal academics and sometimes law. [read post]
13 Jul 2016, 5:00 am by JB
  Does it matter that the nomination is to the Supreme Court rather than to a lower federal court? [read post]
13 Dec 2022, 9:01 pm by Joanna L. Grossman
As a technical matter, this provision DOMA amended the federal Full Faith and Credit Act (28 U.S.C. [read post]
4 Sep 2018, 8:37 pm
The release of the much anticipated book by Bob Woodward about the administration of the presidency of Donald Trump, Fear: Trump in the White House (Simon & Schuster (September 11, 2018)) was met with substantial emotion from all quarters of the political spectrum. [read post]
30 Jun 2016, 9:01 pm by John Dean
Courts often employ other dodges to avoid taking jurisdiction of such political matters, like whether the matter is justiciable—an issue over which the court has jurisdiction. [read post]
9 Feb 2017, 6:04 pm by Edward A. Fallone
Ct. 2128, 2139 (2015) (Kennedy, J., concurring in judgment); id. at 2142 (Breyer, J., dissenting); Kleindienst v. [read post]