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16 Jan 2015, 9:27 am by Rory Little
If, as Justice Clarence Thomas’s dissent (joined by Justices Anthony Kennedy and Samuel Alito) contended, this is perceived to create any difficulties, “that is a problem that can only be solved by Congress” – it is “beyond the power of the courts. [read post]
15 Jan 2014, 8:52 pm by Cindy Cohn and Rainey Reitman
Ted Kennedy to reform the state secrets privilege to ensure it is no longer used to shield abuses from public accountability. [read post]
28 Jun 2020, 7:01 am by Michael Poznansky
Arthur Schlesinger, Kennedy’s special assistant, argued that “if we admit involvement, we admit action taken in violation of the basic characters of the hemisphere and of the United Nations. [read post]
11 Mar 2013, 6:46 am by The Charge
  In other words, when it comes to detaining people, the Fourth Amendment has essentially no application for Justice Breyer and his friends Justices Thomas and Alito...at least not for drug cases... [read post]
3 Aug 2011, 1:38 pm by Ilya Shapiro - Guest
Of the thirty or so cases around the country – challenging a variety of provisions, not just the individual mandate, on multiple grounds – five have already reached the appellate level on the merits of the individual mandate issue (a few others have done so on standing and other procedural grounds): those brought by Virginia and Liberty University, respectively, in the Fourth Circuit; by the Thomas More Law Center in the Sixth Circuit; by Florida, twenty-five other states, and… [read post]
11 Jul 2011, 8:33 am by Kevin Johnson - Guest
Writing for the Court in an opinion joined by Justices Scalia, Kennedy, Thomas (who joined the holding and most of the opinion), and Alito, Chief Justice John Roberts focused on the plain meaning of IRCA’s preemption provision. [read post]
2 Oct 2023, 5:55 am by Colby Galliher
As the Kennedy camp originally noted in the Rapanos decision, waterways interconnect via a network of underground channels and other subterranean mechanisms. [read post]
22 Jun 2017, 5:40 pm by Amy Howe
”  Justice Clarence Thomas is the only justice who has not yet written an opinion from the January sitting, so he is almost certainly writing this one. [read post]
26 Feb 2014, 11:01 am by Kevin LaCroix
”   Justice Kennedy, in a dissenting opinion, argued that one of SLUSA’s purposes was to “protect those who advise, counsel or otherwise assist investors from abusive and multiplicitous class actions designed to extract settlements from defendants vulnerable to litigation costs. [read post]
29 Jun 2012, 4:38 am by Anup Surendranath
 Four judges, Justices Scalia, Kennedy, Alito and Thomas, did not find the 'individual mandate' to be a valid exercise of taxing powers by Congress. [read post]
6 Jun 2010, 9:01 am by Jeff Gamso
  But it's a model that unconstrained does, indeed, make Kennedy's brain and soul the answer to nearly all questions of constitutional magnitude. [read post]
27 Dec 2010, 12:34 pm by Jon Sands
Thomas has grave doubt. [read post]