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17 May 2010, 7:52 pm
Kennedy explained it this way. [read post]
17 May 2010, 6:10 pm
’ ”Kennedy v. [read post]
17 May 2010, 5:45 pm
" Kennedy doesn't want to use the super deferential standard of Williamson v. [read post]
17 May 2010, 4:37 pm
Chief Justice Roberts, in the majority, was in strong opposition against his fellow conservatives Alito, Thomas and Scalia, who dissented. [read post]
17 May 2010, 3:17 pm
Thankfully, the AP…Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Anthony Kennedy, Clarence Thomas, Crime, Graham v. [read post]
17 May 2010, 2:30 pm
Justice Thomas dissented, Justice Scalia joined in part on Justice Thomas’ dissenting opinion. [read post]
17 May 2010, 1:21 pm
Justices Kennedy and Alito concurred only in the decision. [read post]
17 May 2010, 12:00 pm
I also agree with most of the strong critique of the majority opinion in Justice Thomas’ dissent (joined by Justice Scalia). [read post]
17 May 2010, 11:56 am
While Justice Thomas would apparently not rule out a death sentence for a $50 theft by a 7-year-old, see post, at 4, 10, n. 3, the Court wisely rejects his static approach to the law. [read post]
17 May 2010, 10:47 am
Justice Clarence Thomas, in the part of his dissenting opinion that attracted the support of Justices Samuel A. [read post]
17 May 2010, 10:37 am
Unlike the Kennedy and Alito concurrences, which at least stress the importance of constitutional limits on federal power — though they disagree with Thomas and Scalia about whether those limits were transgressed here — the majority has pretty broad language in support of nearly unlimited federal authority. [read post]
17 May 2010, 10:14 am
Justice Thomas, joined by Justice Scalia, did not. [read post]
17 May 2010, 9:49 am
Justice Kennedy filed a concurring opinion that Justice Thomas joined. [read post]
17 May 2010, 9:25 am
Kennedy, discussed the significant -- though not dispositive -- nature of international context. [read post]
17 May 2010, 9:20 am
" Justice Thomas dissents (joined by Justice Scalia): Absent congressional action that is in accordance with, or necessary and proper to, an enumerated power, the duty to protect citizens from violent crime, including acts of sexual violence, belongs solely to the States.... [read post]
17 May 2010, 9:14 am
Justice Alito joined Kennedy’s concurrence. [read post]
17 May 2010, 8:58 am
Florida, wherein it held: The [Cruel and Unusual Punishment] Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime.Justice Kennedy delivered the opinion of the Court, in which Justices Stevens, Ginsburg, Breyer, and Sotomayor joined. [read post]
17 May 2010, 8:51 am
As in the death penalty context, the fifth vote came from Justice Kennedy. [read post]
17 May 2010, 8:38 am
Kennedy delivered the opinion of the Court in Abbott v. [read post]
17 May 2010, 8:30 am
The vote is 6-3, with Justice Thomas dissenting, joined by Justice Scalia and in part by Justice Alito. [read post]
