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29 Jun 2010, 3:00 am
The opinion of the Court was written by Justice Kennedy and joined by the four justices on the right--Alito, Roberts, Thomas and Scalia. [read post]
14 Mar 2015, 7:56 pm
Justice Anthony Kennedy wrote the Court’s majority opinion and Justice Samuel Alito filed a dissent, which Justices Antonin Scalia and Clarence Thomas joined. [read post]
14 May 2010, 9:05 am
Kennedy. [read post]
1 Jun 2016, 10:48 am
Justice Anthony Kennedy, joined by Justices Clarence Thomas and Samuel Alito, linked the MOA to his longstanding concerns regarding the “troubling questions” the Clean Water Act raises about the government’s authority to limit private property rights. [read post]
2 Dec 2011, 1:00 pm
Justices Scalia and Kennedy then both returned to the question of whether the scope of the waiver of sovereign immunity must be unambiguous. [read post]
10 Jul 2018, 5:16 am
A few heads look around the room, but Kennedy is not here tonight. [read post]
25 Nov 2021, 7:54 am
Three NOI members—Khalil Islam (aka Thomas 15X Johnson), Muhammad A. [read post]
17 Jan 2012, 8:17 am
Justices Ginsburg and Kagan were skeptical of the FCC’s position, as Justice Thomas has been [read post]
20 Jun 2017, 11:25 am
Both Kennedy’s concurrence (joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan) and Justice Clarence Thomas’ concurrence answered the former question directly and unequivocally. [read post]
5 Oct 2011, 12:41 pm
After a series of seeming concessions by Laycock, Justice Kennedy suggested that they embraced this very case. [read post]
2 Dec 2013, 9:36 am
Several of these points were made very well a few years ago in several amicus briefs filed by Senator Ted Kennedy (with Laurence Tribe and Marty Lederman serving as his counsel), as well as more recently in a series of excellent blog posts by Michael Stern, at Point of Order. [read post]
9 Apr 2024, 7:03 am
By Thomas A. [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]
15 Oct 2013, 5:32 am
Kennedy discussed the inner workings of the Court (here) and legal blogging (here). [read post]
16 Jun 2015, 9:01 pm
Justice Kennedy wrote for himself and Justice Alito. [read post]
11 Nov 2016, 3:28 am
Little Girl by Helga Birna Jonasdottir; image of Popeye playing card by Mark Anderson; caricature of Justice Anthony Kennedy by Donkey Hotey. [read post]
3 Nov 2011, 6:37 am
Given DOMA’s unprecedented intrusion into the states’ domestic-relations sphere, I would expect a staunch federalism buff such as Thomas vote to strike it down, alongside Kennedy and the four “liberal” Justices (perhaps in a separate concurrence that stresses federalism and eschews the Romer rationale). [read post]
6 Jun 2023, 8:29 am
” Circuit courts have held that a wetland qualifies as a “water of the United States” if it satisfies the “significant-nexus” test proffered by Justice Kennedy. [read post]
16 Jun 2011, 9:18 am
Kennedy, and Elena Kagan. [read post]
29 Apr 2015, 12:14 pm
Kennedy insisted, with evident impatience, that Konrad had not answered the question of whether the resistance to the death penalty was a factor that the Court should consider in weighing the validity of a given protocol. [read post]