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21 Jul 2020, 7:00 am by Ronald Collins and David Hudson
In a separate opinion concurring in the judgment, Scalia (joined by Kennedy and Thomas) took sharp exception to what he called Roberts’ “Something for Everyone” approach. [read post]
10 Jul 2020, 4:36 pm by Adam Feldman
Justices Clarence Thomas and Samuel Alito were the only dissenters in both cases. [read post]
10 Jul 2020, 11:35 am by Gregory Ablavsky
Justice O’Connor, from Arizona, was an uneven supporter of Native rights, but Justice Kennedy, from California, was a decided foe. [read post]
7 Jul 2020, 11:35 am by Adam Feldman
Baude cited Justice Clarence Thomas’ concurrence in last term’s Gamble v. [read post]
7 Jul 2020, 8:24 am by Eugene Volokh
Washington, historian Caroline Weber, historian Randi Weingarten, American Federation of Teachers Bari Weiss Sean Wilentz, Princeton University Garry Wills Thomas Chatterton Williams, writer Robert F. [read post]
2 Jul 2020, 10:15 am by Adam Feldman
Despite these decisions, the numbers belie Roberts’ supposed role as a “swing” justice akin to Justice Anthony Kennedy. [read post]
2 Jul 2020, 9:31 am by Amanda L. Tyler
As noted, Thomas’s concurrence also analyzed the case from an originalist perspective. [read post]
2 Jul 2020, 4:30 am by Josh Blackman
Justices Thomas and Alito would have granted certiorari. [read post]
1 Jul 2020, 7:00 pm
President Kennedy, a man known to cheat with younger women outside of his marriage challenged the country to land on the moon. [read post]
28 Jun 2020, 9:00 pm by Rodger Citron
The justices then asked questions in the following sequence: Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh.Sometimes this format promoted continuity, other times it disrupted the flow of the argument. [read post]
28 Jun 2020, 7:01 am by Michael Poznansky
Arthur Schlesinger, Kennedy’s special assistant, argued that “if we admit involvement, we admit action taken in violation of the basic characters of the hemisphere and of the United Nations. [read post]
18 Jun 2020, 6:38 am by Linda McClain
Justice Kennedy’s opinion in Masterpiece Cakeshop makes a similar point. [read post]
17 Jun 2020, 8:56 am by davidferriero
From Thomas Jefferson to George Washington, 14 February 1790. [read post]
16 Jun 2020, 3:24 pm by Josh Blackman
On this day, Justice Kennedy wrote the majority opinions in Lawrence (2003), Windsor (2013), and Obergefell (2015). [read post]
16 Jun 2020, 10:09 am by Michelle O'Neil
This was the first case decided by the Court on LGBTQ+ rights since the retirement in 2018 of Justice Anthony Kennedy, who wrote for the majority in all four of the Court’s prior gay rights decisions. [read post]
15 Jun 2020, 11:15 am by Adam Feldman
Justices Anthony Kennedy and Sandra Day O’Connor, although both relatively conservative, were the most moderate justices during this period and fall toward the middle of the graph. [read post]