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10 Feb 2023, 4:30 am
Here's Justice Kennedy concurring in U.S. [read post]
3 May 2022, 6:30 am
The most politically experienced justice, ironically or not, is Clarence Thomas, who at least headed a reasonably important executive agency. [read post]
16 Feb 2016, 2:41 pm
During my term, we frequently found ourselves aligned with the three female justices in criminal cases, either in a four-Justice minority or a slim five-vote majority made by Justice Thomas or Kennedy. [read post]
10 Jul 2019, 1:06 pm
Another, perhaps, is that justices who feel some special need, unlike, say, Justice Thomas, to demonstrate their fidelity to often incoherent precedents, will inevitably write near-gibberish as a result. [read post]
2 Jun 2019, 11:27 pm
During the Revolutionary War, Benjamin Franklin created “fake news” intended to undermine British public support for colonial governance.[17] “Disinformation” campaigns are features of Cold War espionage, as well as fictitious treatments of espionage efforts.[18] In the political context, the election between Thomas Jefferson and John Adams was peppered with scandalous and often false rumor-mongering in an attempt to win a battle of information and… [read post]
2 Jun 2017, 8:25 am
As the litigation over the travel ban has developed, the debate over the legality of the policy increasingly hinges on whether the judiciary can permissibly consider off-the-cuff statements made by Trump and his associates as evidence of religious animus in the drafting of the executive orders. [read post]
22 Jun 2018, 10:18 am
The four remaining justices dissented (Kennedy, Thomas, Alito, and Gorsuch). [read post]
6 Oct 2018, 1:31 pm
(After all, Justices Brennan and Souter were more liberal than the Presidents who appointed them, and Justices O'Connor and Kennedy occasionally voted with the "left" wing of the Court on a handful of high-profile issues, including abortion and gay rights.) [read post]
16 Oct 2018, 6:00 am
In 2013, Justice Scalia warned that his colleagues wished to kill “Chevron itself,” and in 2015, Justice Thomas wrote the first judicial opinion ever to declare Chevron unconstitutional. [read post]
2 Oct 2019, 5:00 am
After President Kennedy’s assassination, the issue gained additional urgency. [read post]
6 May 2013, 7:44 am
The Sixth Amendment guarantees that, “[i]n all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense. [read post]
27 Jun 2014, 11:36 am
Let’s take a look at Breyer’s majority opinion (which was joined in by Chief Justice Roberts and Associate Justices Kennedy, Ginsburg, Sotomayor and Kagan), and then the dissent by Scalia (writing for himself and Justices Thomas and Alito). [read post]
2 Feb 2021, 1:48 am
But make no mistake: if you showed him 100 cases in which retired Justice Kennedy would have denied injunctive relief, Judge Dr. [read post]
15 Jun 2023, 10:23 am
Justice Thomas is the only Katz dissenter still on the Court. [read post]
21 May 2019, 5:44 am
-China strategic rivalry is more likely to result in the two great powers seeking to develop what Thomas Wright has called “spheres of independence” in certain key areas, like information communications technology (ICT). [read post]
26 Jan 2010, 1:53 am
Michael Dorf also makes come comments on the "remarkable concurrence" of Justice Thomas. [read post]
14 Sep 2018, 9:32 am
In 1988 Anthony Kennedy refused to answer questions about capital punishment. [read post]
14 Apr 2020, 2:14 pm
., Randall Kennedy, How a Dispute Over the N-Word Became a Dispiriting Farce, Chron. [read post]
9 Dec 2011, 6:07 am
The most arresting part of the argument in Williams, in my view, was clearly comments by Justice Kennedy suggesting that he was willing to abide by Melendez-Diaz and Bullcoming. [read post]
19 Aug 2007, 2:43 pm
The article, written by the editors and entitled “Toward a Hidden God,” included the opinions of Christian theologians Gabriel Vahanian, Paul van Buren, William Hamilton, Thomas J. [read post]