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27 Jun 2019, 3:53 pm
(Remember that last year, Mary Kennedy and several members of the Kennedy clan showed up on the last day, with young grandchildren in dress clothes, which was a giveaway of the news that would break that afternoon of Justice Anthony Kennedy’s retirement.) [read post]
27 Jun 2019, 9:46 am
” This inquiry “does not reduce to any exhaustive test,” but does rely on “some especially important markers. [read post]
21 Jun 2019, 9:04 am
Kennedy was a critic of Williamson County, and had joined a 2005 concurring opinion urging the Court to consider reversing it. [read post]
15 Jun 2019, 7:32 am
Said President Trump about his choice of a new color scheme for the Air Force One planes (that will be delivered in 2024, after he's gone from office (unless he does that thing some people furiously ideate about and stays though his term is up)).I'm reading the quote in the NYT, which adds:The current plane’s design is closely associated with John F. [read post]
14 Jun 2019, 11:31 am
With that in mind, at this point in the term the court has presented us with some novel insights in the post-Kennedy era. [read post]
11 Jun 2019, 6:30 am
They were such persons as George Washington, James Madison, Alexander Hamilton, John Jay, John Marshall and John Witherspoon. [read post]
8 Jun 2019, 11:55 am
Retired Supreme Court Justice John Paul Stevens.In his recently published memoir, The Making of a Justice: My First Ninety Four Years, retired Supreme Court Justice John Paul Stevens includes an extensive discussion of his majority opinion in Kelo v. [read post]
7 Jun 2019, 9:05 am
(Some speculate that Chief Justice John Roberts did just that when he issued his surprising concurrence upholding the constitutionality of the Affordable Care Act.) [read post]
6 Jun 2019, 3:45 am
” Briefly: At SCOTUS OA, Maveric Searle analyzes the court’s early rulings from this term to determine which justice is the “new median,” after the retirement of Justice Anthony Kennedy last summer, suggesting that Chief Justice John Roberts is likely to occupy that role. [read post]
2 Jun 2019, 11:27 pm
See https://www.lawfareblog.com/notes-mueller-report-reading-diary#Introduction%20to%20Volume%20I [4]See, e.g., Stratfor, “How the Wild West of the Internet Will Be Won,” (July 26, 2017) https://worldview.stratfor.com/article/how-wild-west-internet-will-be-won [5]See, e.g., “John Perry Barlow: Is Cyberspace Still Anti-Sovereign? [read post]
1 Jun 2019, 7:36 am
Justice Byron White, a John F. [read post]
31 May 2019, 6:00 am
Sebelius decision does not merely serve their aim of delegitimizing that decision and the law it largely upheld. [read post]
28 May 2019, 9:01 pm
That is how Chief Justice John Marshall derived the rule that states cannot tax federal entities in the 1819 case of McCulloch v. [read post]
24 May 2019, 7:20 am
Scalia was next on the spectrum, with Justice Samuel Alito and Chief Justice John Roberts a little further down the scale, along with former Justice Anthony Kennedy. [read post]
23 May 2019, 10:03 am
Kennedy. [read post]
14 May 2019, 9:01 pm
In his majority opinion in Alden, Justice Anthony Kennedy relied on the Tenth Amendment, a text that seems even less helpful than the Eleventh. [read post]
14 May 2019, 7:29 am
John Kennedy selected Byron White, another centrist. [read post]
14 May 2019, 6:56 am
Yet the 11th Amendment by its terms does not apply to state-court suits. [read post]
8 May 2019, 6:30 am
To wit: Teddy Kennedy’s primary challenge to Carter in 1980.We haven’t seen that sort of challenge yet under Trump. [read post]
6 May 2019, 2:01 pm
Last week, Senator John Kennedy (R-LA) introduced the Copyright Alternative in Small-Claims Enforcement Act of 2019, better known as the CASE Act. [read post]
