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22 Jul 2009, 9:58 am
(As Dahlia Lithwick pointed out, Kennedy seemed to have a particular concern with the need for people to protect themselves from Grizzely Bears.) [read post]
17 Jul 2009, 1:11 pm
Kennedy and Lyndon Johnson together made four appointments to the Court. [read post]
15 Jul 2009, 9:19 pm
Yet the case--which produced a non-ideological split (Thomas for the majority, joined by Rehnquist, Stevens, O'Connor, Kennedy, and Breyer, versus Scalia dissenting, joined by Souter and Ginsburg)--was only indirectly connected to net neutrality. [read post]
15 Jul 2009, 5:57 am
” In his concurring opinion, Justice Scalia, joined by Justices Thomas and Alito, wrote that “[t]he burden of acquiring, possessing, and showing a free photo identification is simply not severe, because it does not “‘even represent a significant increase over the usual burdens of voting. [read post]
15 Jul 2009, 12:45 am
Our next Supreme Court Justice, Sonia Sotomayor, sitting patiently as the senators blather on (Slate has this great chart comparing how many minutes she speaks with how many the senators do), was finally asked about the death penalty near the end of the day yesterday. [read post]
11 Jul 2009, 10:44 am
Others--Scalia and Kennedy--probably less so than they think. [read post]
7 Jul 2009, 8:09 am
  The case, as the Times points out, was a 5-to-4 decision written by Justice Thomas and joined by Chief Justice Roberts and Justices Scalia, Alito and Kennedy, that disregarded legal precedent, longstanding practice, and statutory meaning by rewriting the rules for age-discrimination cases. [read post]
2 Jul 2009, 12:36 am
Justice Kennedy was the only justice to author not a single 9-0 opinion (Roberts 1, Stevens 1, Scalia 2, Souter 4, Thomas 4, Ginsburg 5, Breyer 6, Alito 5). [read post]
1 Jul 2009, 12:08 pm
But if that's the objection, then Kimber is irrelevant; Justice Kennedy made exactly the same point in the majority opinion by saying that a statistical disparate impact alone does not make out a Title VII case. [read post]
1 Jul 2009, 8:55 am
As Justice Kennedy goes, so goes the America, or as Adam Liptak puts it in today's NY Times:The Constitution, it turns out, means what Justice Kennedy says it means.Like I say, we all know that. [read post]
1 Jul 2009, 8:09 am
Half a demerit to Adam Liptak: Justices Scalia and Thomas [as opposed to Chief Justice Roberts and Justices Alito and Kennedy] are apt to follow what they understand to be the original meaning of the Constitution, even when the consequences might not align with their policy preferences. [read post]
30 Jun 2009, 3:12 pm
  Justice Thomas wrote a decision, joined by the Chief Justice and Justices Kennedy and Alito, concurring in part and dissenting in part. [read post]
30 Jun 2009, 2:50 pm
Justice Kennedy wrote for the majority, and was joined by Justices Thomas, Roberts, Alito and Scalia. [read post]
30 Jun 2009, 3:54 am
Justice Alito addressed the § 1983 issue in a concurring opinion for himself and Justice Kennedy (Justice Thomas did not join this portion). [read post]
29 Jun 2009, 10:16 pm
Conservative critics seized on the decision, authored by Justice Anthony Kennedy, to demonstrate that Sotomayor was “out of sync” with mainstream legal thinking. [read post]
29 Jun 2009, 7:04 pm
Changing gears to  another topic entirely, I think that the most interesting Justices, by far, were Justices Scalia and Thomas. [read post]