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15 Oct 2007, 7:03 am
Kennedy, who did not participate in the action on the Tom F. case, also recused in the Hyde Park case, the Court’s order of denial noted. [read post]
10 Oct 2007, 7:27 am
Kennedy, Antonin Scalia and Clarence Thomas.) [read post]
9 Oct 2007, 2:54 pm
  Reports indicate that Roberts, Scalia and Kennedy were hard on plaintiffs, with Alito leaning in their direction (Thomas, as is his custom, was silent). [read post]
9 Oct 2007, 12:52 pm
  Three voted in the majority (Kennedy, Scalia, and Thomas) and three in the dissent (Stevens, Souter, and Ginsburg). [read post]
9 Oct 2007, 9:32 am
  Thus, Justice Thomas here played the O'Connor/Kennedy/Powell role of joining the four quasi-liberals to form a majority against his usual conservative cohort. [read post]
9 Oct 2007, 5:15 am
  Justice Thomas had the least to say, "not even clearing his throat" and Justice Kennedy, the eventual author of the opinion, said little. [read post]
8 Oct 2007, 10:46 pm
Both parts of the study demonstrate that, on this "union-preserving" side of federalism, the five justices most responsible for the Rehnquist Court's "federalism offensive" - Rehnquist, O'Connor, Scalia, Kennedy, and Thomas - were largely indifferent to state policymaking autonomy. [read post]
8 Oct 2007, 1:42 pm
By contrast, Justice Thomas (along with Justice Anthony Kennedy) joined a concurring opinion by Justice Antonin Scalia, which not only agreed with the plurality that the provisions at issue were unconstitutional as applied, but would also have reversed McConnell then and there, along with some other campaign-finance jurisprudence for good measure. [read post]
6 Oct 2007, 3:36 pm
  Elvis' 707 jet Lisa Marie is actually arguably more tastefully done on the inside (outside's not remotely the class act that Raymond Loewy did for President Kennedy) than the Air Force One at the Reagan Library that we saw last summer (POTUS doesn't get gold-plated seat belt buckles). [read post]
4 Oct 2007, 3:55 pm
  Hamilton notes that this year's audience included six Supreme Court Justices -- Roberts, Scalia, Thomas, Kennedy, and Alito, all Catholics, and Justice Breyer, who is Jewish. [read post]
2 Oct 2007, 4:24 am
Thomas said nothing, although at one point he and Bryer had a very polite private conversation for few moments. [read post]
1 Oct 2007, 9:11 pm
Prediction: Thomas may not uphold the law. [read post]
1 Oct 2007, 2:55 am
And so far, this term's cases look like better bets for the liberals (with Anthony Kennedy, as before, in the swing-vote position). [read post]
30 Sep 2007, 6:49 am
Last term the court had a record number of 5-4 decisions, and Justice Kennedy was the only member of the court to always vote with the majority. [read post]
30 Sep 2007, 3:19 am
That decision, from Scalia and Thomas's perspective, was right then and is right now. [read post]
29 Sep 2007, 1:19 pm
Some of them: William Rehnquist - intellectually lazy and politically partisan; Sandra Day O'Connor - unprincipled and impatient; Antonin Scalia - bullying advocacy in lieu of reasoned analysis, naked bias for the Republican Party; Anthony Kennedy - basic judicial ineptitude compounded by empty rhetoric; Clarence Thomas - sullen withdrawal and reflexive partisanship; Stephen Breyer - favouring muddleheaded compromise. [read post]
28 Sep 2007, 12:02 pm
Justice Anthony Kennedy will cast the deciding vote. [read post]
26 Sep 2007, 9:08 pm
Burger, Blackmun, Powell, Rehnquist, and O'Connor (all retired) and Stevens, Scalia, Kennedy, Souter, Thomas, Roberts, and Alito were all appointed by Republicans. [read post]
24 Sep 2007, 9:41 pm
Of all the Justices, I would expect Justice Kennedy to make some of the most outrageous claims in one direction or another. [read post]
24 Sep 2007, 10:33 am
  With three of the Justices having opposed the elimination of secondary liability in Central Bank (Justices Ginsburg, Stevens and Souter) and three having voted the opposite way (Justices Scalia, Thomas and Kennedy), it came down to Justice Alito. [read post]