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28 Jul 2022, 11:14 am
I don't have any strong view on the Coach Kennedy case (except perhaps that its significance is overblown). [read post]
25 Jul 2022, 2:56 pm
“For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House; On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett; On the down side, we had Roberts, Souter, Kennedy, O’Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
25 Jul 2022, 5:00 am
On the down side, we had Roberts, Souter, Kennedy, O'Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren.] [read post]
20 Jul 2022, 7:37 pm
The specifics were never very important to Justice Kennedy. [read post]
15 Jul 2022, 12:23 pm
In Schuette, for example, he voted with Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito, while Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented (Justice Elena Kagan was recused). [read post]
15 Jul 2022, 5:15 am
We now must read the minds of John Roberts and Brett Kavanaugh or occasionally Neil Gorsuch. [read post]
12 Jul 2022, 6:30 am
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
11 Jul 2022, 4:06 am
We even hoped he might become a crucial swing vote, another Anthony Kennedy. [read post]
10 Jul 2022, 8:11 am
We even hoped he might become a crucial swing vote, another Anthony Kennedy. [read post]
10 Jul 2022, 6:30 am
The events of the past month, including, most notably, the Dobbs case reversing Roe, has exposed the hollowness of the hope that what used to be called “reasoned elaboration” would, as somewhat pathetically asserted in the famous plurality opinion in Casey in by Justices O’Connor, Kennedy, and Souter, bring the national debate to an end because the Supreme Court, had, after all, issued its ukase. [read post]
8 Jul 2022, 5:34 am
Six of the nine justices (Roberts, Thomas, Alito, Sotomayor, Kavanaugh and Barrett) are Catholic and pray every Sunday in the church with other Catholics. [read post]
7 Jul 2022, 10:34 am
In Kennedy v. [read post]
7 Jul 2022, 8:31 am
Kennedy v. [read post]
6 Jul 2022, 7:02 am
(discussing displacement of Native American tribes); id. at 2483-85 (Roberts, J., dissenting)(same); Johnson v. [read post]
5 Jul 2022, 2:47 pm
that Justice Kennedy was in the majority of each major question case. [read post]
5 Jul 2022, 9:59 am
Chief Justice Roberts once said that the Supreme Court takes guidance from the Code of Judicial Conduct, and therefore has no need to formally adopt it. [read post]
4 Jul 2022, 9:01 pm
The just-concluded Supreme Court term is generating several narratives: a conservative majority flexing its muscle; an unyielding “originalist” approach to constitutional interpretation; a loss of control by Chief Justice John Roberts, etc. [read post]
2 Jul 2022, 10:10 pm
Justice Kennedy, as well as Justice Kagan joined Roberts's opinion, including Footnote 3. [read post]
1 Jul 2022, 4:00 am
National/Federal Cassidy Hutchinson’s Testimony Highlights Legal Risks for Trump Yahoo News – Alan Feuer and Glenn Thrush (New York Times) | Published: 6/29/2022 The extent to which the Justice Department’s expanding criminal inquiry into the insurrection at the U.S. [read post]
30 Jun 2022, 11:19 am
But also Anthony Kennedy, Ruth Ginsburg, the Bushes, and don't forget the Clinton campaign. [read post]
