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4 Mar 2009, 8:36 am
In the 5-4 split decision, Justice Scalia delivered the opinion of the Court, in which Justices Roberts, Kennedy, Thomas, and Alito joined. [read post]
31 Mar 2011, 5:34 am by SHG
  Paul Kennedy calls it "just plain wrong. [read post]
21 Feb 2018, 8:43 am by Rory Little
(Justice Anthony Kennedy asked only a few questions, and Justice Clarence Thomas said nothing.) [read post]
21 Apr 2009, 12:51 pm
Justice Kennedy — joined by Justices Souter and Ginsburg — filed an opinion concurring in part and dissenting in part. [read post]
22 Jun 2010, 12:53 pm
His lengthy opinion, joined by Chief Justice Roberts, and Justices Thomas and Alito, makes short work of the Florida matter, but goes on to challenge, point by point, the reservations expressed in the two concurring opinions. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” 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]
7 Dec 2016, 5:36 pm by Daniel Bussel
Kennedy interjected, pointing out the “for cause” exception in the dismissal statute that appears to authorize the bankruptcy court to alter the effect of dismissal from merely restoring the pre-bankruptcy status quo. [read post]
11 Nov 2009, 8:10 am
The Court’s website is “at a crossroads,” to quote Justice Thomas. [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]
27 Jun 2018, 6:58 pm by Alice O'Brien
As Justice Anthony Kennedy, joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito, wrote in 2006 in Garcetti v. [read post]
18 May 2010, 7:50 am by Jay Willis
” At Slate, Emily Bazelon echoes this sentiment, predicting that Justice Kennedy’s majority opinion “will resonate for a lot of criminals who say they’ve rehabilitated themselves. [read post]
4 Jan 2019, 2:11 pm by Amy Howe
With the retirement last summer of Justice Anthony Kennedy and his replacement by Justice Brett Kavanaugh, the more conservative court could be poised to rule that courts should steer clear of such claims. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” 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]
25 Jun 2007, 5:20 pm
In a characteristically fiery opinion, Justice Scalia (joined by Justice Thomas) concurred in the judgment but called for a whole cloth rejection of Flast. [read post]
25 Jun 2009, 3:54 pm by Matt Cameron
While I do agree that Scalia has overstated the efficacy of the so-called “burden-shifting statutes” used in many states, I was otherwise entirely unpersuaded by Kennedy’s arguments. [read post]
23 Apr 2015, 6:34 am by Howard M. Wasserman
Justice Samuel Alito dissented, joined by the Chief Justice and Justices Antonin Scalia and Clarence Thomas — all of whom joined the John R. [read post]
7 Feb 2019, 7:46 pm by Amy Howe
The makeup of the court has changed significantly since then: In 2017, Justice Neil Gorsuch was confirmed to replace the late Justice Antonin Scalia, who died a few weeks before the Texas case was argued, and Justice Anthony Kennedy retired in 2018 and was replaced by Justice Brett Kavanaugh. [read post]