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12 Apr 2012, 3:49 am by Russ Bensing
  Kennedy’s opinion basically throws the whole thing into the lap of jail officials. [read post]
6 Apr 2012, 1:58 pm by Joshua Matz
Board of Chosen Freeholders also drew additional commentary. [read post]
3 Apr 2012, 10:08 am by McNabb Associates, P.C.
” The majority and dissenting opinions drew differing conclusions from the available information about the amount of contraband introduced into jails and how much strip-searches add to pat-downs and metal detectors. [read post]
27 Mar 2012, 2:13 pm by Mark Tushnet
At a couple of points Justices Kennedy and Scalia sidled up to the “it might be necessary but it’s not proper” argument, but it got away from them pretty quickly. 5. [read post]
22 Mar 2012, 11:59 am by Kristine Knaplund
  The Third Circuit had remanded the case on this issue, but Justice Kennedy posed the question to Mr. [read post]
21 Mar 2012, 10:48 am by Lyle Denniston
Kennedy quickly asked whether that approach would apply regardless of whether the officer might be hostile to the content of what a person said, Srinivasan said it would, “across the board.”  It is too easy, he argued, for someone to claim that the officer is making an arrest only to retaliate for exercising free-speech rights; such a claim, he added, can be “manufactured at the scene.”  Later in court, he went on, the challenged officer would have a… [read post]
12 Mar 2012, 7:12 pm by Lyle Denniston
In two arguments, one after the other, next Tuesday, March 20, the Supreme Court returns to the constitutional issue of punishment for juveniles who commit serious crimes — this time, whether they may be sentenced to life in prison without a chance for parole after being convicted of murder. [read post]
28 Feb 2012, 7:46 am by Scott Dodson
  First, neither Justice Clarence Thomas nor Justice Anthony Kennedy asked a question. [read post]
24 Feb 2012, 7:04 pm by Sonia McNeil
The opinion invalidating the Act drew a vigorous dissent from Judge Jay Bybee, who characterized the majority’s opinion as “provocative, to say the least. [read post]
22 Feb 2012, 2:36 pm
That drew a lot of attention from veterans groups and civil liberties groups, on opposite sides. [read post]
20 Feb 2012, 9:42 am by Utah Criminal Defense Blog
In a dissent joined by Justices O’Connor and Kennedy, Justice Scalia attacked the concepts as intolerably vague when applied to RICO: “Today, four years and countless millions in damages and attorney’s fees later (not to mention prison sentences under the criminal provisions of RICO), the Court does little more than repromulgate those hints as to what RICO means, though with the caveat that Congress intended that they be applied using a ‘flexible approach. [read post]
25 Jan 2012, 1:24 pm by Larkin Reynolds
 The court drew a distinction between the relief requested here (damages and equitable relief) and that requested in the habeas context. [read post]
24 Jan 2012, 8:13 pm by Tony Mauro
That proposal drew immediate praise from Doug Kendall of the liberal Constitutional Accountability Center: "His call for an expedited process ... would benefit presidents of both political parties and the judiciary. [read post]
18 Jan 2012, 8:11 am by Lyle Denniston
Kennedy, Antonin Scalia, Sonia Sotomayor, and Clarence Thomas. [read post]
9 Jan 2012, 11:55 am by Lyle Denniston
The simplest plan was to let Texas do what it wants — use the redistricting maps its state legislature drew earlier this year, unchanged. [read post]
9 Jan 2012, 12:00 am
The three-judge district court assigned to hear the challenges drew its own interim map; Texas argues that the court should have allowed the state to use the legislature’s map pending resolution of the dispute. [read post]
6 Jan 2012, 1:58 am by Glenn Reynolds
Barney Frank, drew swift warnings yesterday — Massachusetts voters don’t want a coronation, and the Kennedy name isn’t the shining armor it once was. [read post]