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22 Oct 2015, 8:42 am
  See also Id. at 2233 (“[l]imiting speech based on its ‘topic’ or ‘subject’ favors those who do not want to disturb the status quo”) (Alito, Kennedy, and Sotomayor, concurring).Because the governmental defendant’s “topic”-based restrictions on signs were content-based, and therefore subject to strict scrutiny, the signage regulations had to satisfy a tough “compelling interest” and “narrowly tailored”… [read post]
11 Oct 2013, 12:24 pm by James Hamilton
Goldstein..Justice Anthony Kennedy asked what if a broker says, "Give me $100,000 and I will buy covered securities," and then he just pockets it and and flees. [read post]
4 May 2023, 4:00 am by Eric Segall
A few years ago, I hosted a conference on the career of Justice Anthony Kennedy at my law school. [read post]
10 Jun 2011, 1:32 pm by Kevin LaCroix
    Many lawyers might think if Justice Thomas is writing the opinion and there is a dissent, then the defendants are going to win – perhaps a classic 5-4 split with Justice Kennedy in the majority? [read post]
28 Sep 2016, 12:24 pm by Rory Little
A four-justice plurality ruled that the Fourth Amendment, not the due process clause, governed Albright’s claim (although Justice Anthony Kennedy, joined by Justice Clarence Thomas, suggested that due process should govern his claim if it continued beyond the bail decision, that is, if “legal process” continued a “malicious” prosecution). [read post]
7 Jul 2018, 12:29 pm by Amy Howe
Court of Appeals for the 6th Circuit and later at the Supreme Court, clerking for Justice Anthony Kennedy. [read post]
5 Dec 2007, 3:57 am
[Bloggers' note - that sounds like another vote (#4) for the good guys]Justice Kennedy then asked whether Medtronic could change the labeling to clarify any confusion relating to the pressurization issue. [read post]
4 Dec 2023, 4:00 am by Michael C. Dorf
In any event, my point for now is that the majority opinion proceeded more or less in the same way that sports fans evaluate claims that some rule change fundamentally alters the nature of a game.Dissenting for himself and Justice Thomas in PGA Tour, Justice Scalia questioned the whole enterprise:Nowhere is it writ that PGA TOUR golf must be classic “essential” golf. [read post]
19 Nov 2018, 12:17 pm by Ilya Somin
At the very least, Kavanaugh's replacement of Justice Anthony Kennedy creates greater uncertainty for the property rights side in this case, since Kennedy was one of four justices who joined a 2005 concurring opinion urging the Court to consider overruling Williamson County. [read post]
18 Nov 2013, 12:26 am by Kevin LaCroix
” In his dissenting opinion in the case (in which Justices Scalia and Kennedy joined), Justice Thomas noted that the “Basic” decision itself is questionable. [read post]
19 Nov 2018, 12:17 pm by Ilya Somin
At the very least, Kavanaugh's replacement of Justice Anthony Kennedy creates greater uncertainty for the property rights side in this case, since Kennedy was one of four justices who joined a 2005 concurring opinion urging the Court to consider overruling Williamson County. [read post]
25 Apr 2017, 8:30 pm by Jon Katz
Steve stuck to his guns with every question from the justices, whether the supportive questioning of Justice Breyer, the skeptical questioning of new Justice Gorsuch, or the swing vote questioning of Justice Kennedy. [read post]
2 Jul 2013, 7:34 am by Stephen Wermiel
Chief Justice Roberts and Justice Sotomayor have not read any, while in the past ten Terms Justices Kennedy, Thomas, Alito, and Kagan have read only one each. [read post]
23 Jun 2011, 11:15 am by Eugene Volokh
Western States Medical Center (2002), a five-Justice majority (Scalia, O’Connor, Kennedy, Souter, and Thomas), seemed to endorse the Stevens opinion in 44 Liquormart (though Stevens himself was in the dissent in Thompson, joined by Ginsburg as well as Rehnquist and Breyer). [read post]
6 Jun 2014, 6:44 am
 Justice Stephen Breyer wrote an opinion upholding the law, but Justices Anthony Kennedy and Samuel Alito (concurring) and Antonin Scalia and Clarence Thomas (dissenting) called for greater scrutiny of Congress’s claims that laws are “necessary” and “proper” to carry into effect its other powers. [read post]