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11 Nov 2009, 6:05 am
Adherence to the plain meaning rule is not simply a matter of judicial craftsmanship. [read post]
11 Feb 2018, 9:01 pm
And this is true no matter how much better the plea deal is than the near-certain outcome of a trial.Why, though, do I mention the right to have a trial rather than plead guilty? [read post]
27 Jun 2013, 9:00 pm
The Court stated as follows: “In order to assess the validity of [DOMA’s rejection of same-sex marriage as marriage for federal purposes] it is necessary to discuss the extent of the state power and authority over marriage as a matter of history and tradition. [read post]
6 Dec 2016, 9:03 am
Dissent Justice Kennedy dissented with an opinion joined by Justice Lanzinger. [read post]
21 Oct 2011, 6:35 am
” But “[o]n the other hand,” he continued, “would they know that this is two-percent of the matter, what they’re seeing, and would they, in fact, understand that most of what we do does not involve the two people in front of us, the lawyers on either side? [read post]
27 Jun 2011, 1:15 pm
Kennedy, and Sonia Sotomayor. [read post]
11 Mar 2025, 8:01 am
See, e.g., Kennedy v. [read post]
10 Apr 2018, 9:01 pm
” becomes, no matter how narrow the win, an excuse to set legislative rules that treat the opposition party’s voters as if they did not exist.But what are the limits on such non-gerrymandered power plays? [read post]
9 Apr 2010, 1:01 pm
Blackmun.That position matters. [read post]
16 Jul 2024, 9:00 pm
Dobson.Justice Kennedy reasoned that the use of different modifiers for “commerce” supported reliance on the canon of ejusdem generis. [read post]
15 Mar 2024, 6:24 am
Kennedy, Jr., which argued that former Fox News host Tucker Carlson had been fired for “acknowledging that the TV networks pushed a deadly and ineffective vaccine to please their Pharma advertisers. [read post]
26 Apr 2017, 1:35 pm
In Justice Anthony Kennedy’s view, Goldstein was offering “a very patronizing view of federalism. [read post]
17 Feb 2014, 9:01 pm
The deference to the marriages of sister states has been granted as a matter of comity, or respect, rather than being due to a constitutional mandate of full faith and credit. [read post]
2 Nov 2017, 6:47 am
Justice DeWine wrote a separate concurrence, joined by Justices French and Kennedy. [read post]
27 Mar 2009, 5:23 am
Stanford student Samantha Bateman discusses oral argument in Yeager v. [read post]
22 Apr 2016, 3:37 am
Kennedy show the power of humor and the art of self deprecation. [read post]
22 Apr 2016, 3:37 am
Kennedy show the power of humor and the art of self deprecation. [read post]
6 Jun 2025, 3:12 pm
" The dissent responds, quoting Kennedy v. [read post]
3 Feb 2022, 7:58 pm
This matters. [read post]
3 Nov 2009, 5:14 pm
Section 36(b), added to the Act in 1970 in response to perceived abuses in the fee arrangements between funds and advisors, is somewhat puzzlingly worded -- so much so that Justices Breyer and Kennedy yesterday wondered aloud about the provision's import, while Justice Scalia predictably labeled the statutory language "utterly meaningless. [read post]
