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1 Jul 2018, 1:40 pm
By the time they left the bench, Harry Blackmun, John Paul Stevens, David Souter and Richard Posner were no longer Republicans. [read post]
29 Jun 2018, 2:04 pm
Booker, Heller, Richard Blumenthal (D-Conn.), John Kennedy (R-La.), and Catherine Cortez Masto (D-Nev.) to clarify that federal prohibitions on animal fighting activity “in or affecting interstate commerce” are to be consistently applied in all U.S. jurisdictions including the U.S. territories. [read post]
28 Jun 2018, 2:48 pm
” Chief Justice John Roberts notably relied on a similar approach in 2015, in King v. [read post]
28 Jun 2018, 8:00 am
The most recent, startling example is Chief Justice John Roberts’ pronouncement in his 5-4 majority opinion in Trump v. [read post]
27 Jun 2018, 5:34 am
Although Chief Justice John Roberts, who wrote the majority opinion, and Justice Anthony Kennedy, who wrote a concurrence, clearly offered no quarter to those prior statements, the proclamation was itself facially neutral and bona fide, and that ended the matter. [read post]
26 Jun 2018, 11:18 am
In a 5-4 decision, with the majority opinion authored by Chief Justice John Roberts, the Supreme Court issued two core holdings: (a) that the latest ban does not exceed the president’s authority under the Immigration and Nationality Act (INA); and (b) that ban does not violate the Establishment Clause of the Constitution. [read post]
26 Jun 2018, 10:30 am
This is one of the principal differences between Gorsuch and the other three "dissenters": Justices Alito, Thomas and Kennedy insist that CSLI records do not trigger the Fourth Amendment because they are not the modern-day equivalent of the customer's "papers or effects. [read post]
26 Jun 2018, 6:00 am
Justice Anthony Kennedy wrote on behalf of the majority. [read post]
25 Jun 2018, 5:39 pm
John Elwood provides his best guess about October Term 2017’s last relists. [read post]
25 Jun 2018, 4:18 am
” Briefly: At Cleveland.com, Sabrina Eaton reports that “[d]ays after the U.S. [read post]
22 Jun 2018, 2:36 pm
§§ 2703(c)(1)(B), (d), which requires a showing of reasonable suspicion — but does not require probable cause. [read post]
22 Jun 2018, 11:05 am
The FBI then applied for 2703(d) orders to produce the “transactional records” from 16 phone numbers, including Carpenter’s. [read post]
21 Jun 2018, 4:48 pm
" Square D Co. v. [read post]
21 Jun 2018, 6:11 am
That was Senator John Kennedy, a Republican from Louisiana during his questioning of Roy Altman at yesterday's hearing. [read post]
20 Jun 2018, 5:00 pm
John Elwood provides useless blather to accompany Monday’s relists. [read post]
19 Jun 2018, 4:00 am
” At Slate, Richard Hasen maintains that “what’s really going on is that two of the court’s savviest justices on the right and left, Chief Justice John Roberts and Justice Elena Kagan, are continuing a battle for the soul of Justice Kennedy on the question of politics in redistricting, and Kennedy, who apparently is not leaving the court anytime soon, watches, broods, and stays silent. [read post]
17 Jun 2018, 8:23 am
Grant and Todd D. [read post]
13 Jun 2018, 4:23 am
United States by an equally divided court, with Justice Anthony Kennedy recused, for this blog. [read post]
12 Jun 2018, 4:06 am
(Justice Anthony Kennedy was recused because he participated in a ruling in the case when he was a judge on the U.S. [read post]
11 Jun 2018, 12:58 pm
” For the five justices in the majority – Alito, along with Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Neil Gorsuch – the extent to which Ohio’s practice hews to subsection (d) was enough. [read post]
