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19 Mar 2020, 9:01 pm
If you are a member of the legal profession, you almost certainly appreciate that written communication is a lawyer’s stock in trade. [read post]
17 Mar 2020, 11:57 am
It is the first abortion case since the retirement of Justice Anthony Kennedy resulted in more conservative-leaning Court. [read post]
13 Mar 2020, 7:08 am
The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020). [read post]
4 Mar 2020, 2:32 pm
But retired Justice Anthony Kennedy, who provided the crucial fifth vote for striking down the Texas regulations in Whole Woman’s Health, is not in the courtroom today. [read post]
4 Mar 2020, 2:10 pm
While on the bench, Justice Anthony Kennedy had the most terms between 2005 and 2019 with zero opinions across the court’s first 13 decisions, with four such terms. [read post]
4 Mar 2020, 12:52 pm
” Pete Williams of NBC News reports that “Divided Supreme Court hears challenge to Louisiana abortion law; With a crowd of demonstrators outside the court, the justices heard the first major abortion case since the retirement of Anthony Kennedy, who supported Roe v Wade. [read post]
4 Mar 2020, 9:28 am
In that case, Justice Anthony Kennedy joined the court’s four more liberal justices in concluding that the law made it harder for women to obtain abortions while not doing anything, despite the state’s argument to the contrary, to protect the health of pregnant women. [read post]
4 Mar 2020, 3:56 am
At NPR, Nina Totenberg reports that “[i]t’s the first major abortion case to come before the court since the 2018 retirement of Justice Anthony Kennedy, making it the first time the majority of justices hearing an abortion case have anti-abortion-rights judicial records. [read post]
3 Mar 2020, 4:21 pm
Kennedy; It could leave Louisiana with a single abortion clinic”: Adam Liptak of The New York Times has this report. [read post]
2 Mar 2020, 11:00 pm
“We hold that the powers delegated to Congress under Article I of the United States Constitution do not include the power to subject nonconsenting States to private suits for damages in state courts,” Justice Anthony Kennedy wrote on behalf of the majority. [read post]
2 Mar 2020, 5:55 am
With Anthony Kennedy—not a strong supporter of this constitutional right but a majority voter in Whole Woman’s Health—having been replaced by a successor whose record on abortion is not encouraging, June Medical Services LLC looks like another threat to what I have argued is a common law liberty. [read post]
26 Feb 2020, 11:55 am
In the wake of Justice Antonin Scalia’s death, the vote was 5-3: Justice Anthony Kennedy and the court’s four more liberal justices agreed that the state has a legitimate interest in protecting the health of pregnant women. [read post]
25 Feb 2020, 8:11 am
Then they were able to shift the court’s middle and swing vote from an annoying Anthony Kennedy to the Chief Justice. [read post]
18 Feb 2020, 4:00 am
Justice Anthony Kennedy [read post]
17 Feb 2020, 9:01 pm
The reality is that Morrison, especially since Justice Brett Cavanaugh replaced Justice Anthony Kennedy, most likely does not command five votes at the Court today.All of this leads to the second transcendently important reality about so many of today’s most divisive opinions about President Trump, namely, that whether his invocation of powers that are ordinarily permissible for Presidents to exercise can become morally and even legally problematic because a… [read post]
13 Feb 2020, 7:29 am
” Seven justices (with Anthony Kennedy recused and Justice Antonin Scalia vigorously dissenting), none of whom had ever been president or a governor, opined on what was “essential to the President’s proper execution of his Article II powers. [read post]
11 Feb 2020, 10:00 am
Justice Anthony Kennedy noted for the majority that the United States had refused to give the plaintiff her tax refund without a decision of the court, and it seemed likely that, if the court did not reach the merits, it might never find a case in which to rule on the Defense of Marriage Act, which affected more than 1,100 laws, including those governing Congress and the judiciary. [read post]
4 Feb 2020, 9:58 am
When Anthony Kennedy didn’t take advantage of his last crack at gerrymandering while still on the U.S. [read post]
3 Feb 2020, 11:56 am
Leah Litman is an assistant professor of law at the University of Michigan Law School. [read post]
2 Feb 2020, 3:36 pm
Justice Anthony M. [read post]
