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22 Nov 2016, 8:44 pm
Justice Jackson warned us as much in his dissent -- which I wrote about here. [read post]
26 Jun 2013, 10:05 am by JB
Justice Kennedy's opinion in Windsor (press coverage here and here) studiously avoids using the familiar concepts of levels of scrutiny and fundamental rights. [read post]
9 Mar 2024, 6:30 am by Guest Blogger
  Thanks primarily to Jackson’s efforts, the amendment fairly quickly attracted more than forty co-sponsors in the House. [read post]
18 Sep 2015, 4:28 am by Jack Goldsmith
  Justice Jackson threw cold water in the Vesting Clause argument in Youngstown but nonetheless insisted: [B]ecause the President does not enjoy unmentioned powers does not mean that the mentioned ones should be narrowed by a niggardly construction. [read post]
30 Dec 2006, 7:16 pm
Hence the public might have turned to the Democrats for the first time since 1968, either to a traditional liberal like Walter Mondale or Teddy Kennedy, or perhaps a Scoop Jackson-style moderate. [read post]
27 Sep 2017, 3:06 am by Scott Bomboy
” Justice Anthony Kennedy concurred with the majority decision. [read post]
1 Mar 2024, 4:57 am by Scott Bomboy
Kennedy had to heavily lobby political bosses to get a first-ballot nomination. [read post]
21 Jun 2024, 3:24 pm by Joseph Fishkin
          The first stop in this Court’s constitutional decisionmaking is the Court’s precedents—the accumulated wisdom of jurists from Marshall and Story to Harlan and Taft; from Hughes and Black to Jackson and White; from Rehnquist and O’Connor to Kennedy and Scalia; from Warren and Douglas to Brennan and Marshall. [read post]
8 Nov 2016, 1:29 pm by Kevin
” Both Nixon and Kennedy pulled numerous dirty tricks in 1960. [read post]
26 Dec 2017, 9:30 am by Josh Blackman
Here, Jackson’s first tier provides the rule of decision I stand by this framework, and predict that the question of Article II authority will undergird the Supreme Court’s final resolution of the case. [read post]
12 Jul 2023, 9:05 pm by Monika U. Ehrman
Bush and Obama Administrations used Kennedy’s test. [read post]
30 Jun 2010, 8:30 pm by Deepak Gupta
Franken:  What Justice Kennedy said doesn't stand up to that, does that? [read post]
8 Nov 2008, 9:55 pm
In my book I prefer the Free Exercise analysis, while granting the immense importance and resonance of Justice Jackson's opinion. [read post]