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25 Jun 2019, 2:24 pm by Adam Feldman
This is quite a difference from OT 2017, when the five more conservative justices (with Justice Anthony Kennedy instead of Kavanaugh) voted together in 14 of the court’s 19 5-4 decisions, and the more liberal ones only voted together in the majority in three. [read post]
24 Jun 2019, 6:31 am by Jonathan H. Adler
Although Justice Anthony Kennedy was not particularly shy about overturning precedents he did not like, it is quite possible that his replacement with Justice Brett Kavanaugh will either increase the frequency with which prior precedents are overturned or, more likely, increase the uniformity of the ideological valence of such decisions. [read post]
23 Jun 2019, 2:47 pm by Sabrina I. Pacifici
Kennedy, its longtime swing vote, and the arrival of his more conservative successor, Justice Brett M. [read post]
21 Jun 2019, 9:04 am by Ilya Somin
I would add, however, that Kavanaugh's participation ultimately led to the same outcome as what likely would have occurred had Justice Anthony Kennedy remained on the Court. [read post]
19 Jun 2019, 9:55 am by Adam Feldman
Last term, when Justice Anthony Kennedy still sat on the court as the potential swing justice, the more liberal justices’ rate of success in 5-3 and 5-4 decisions was actually much lower than in past, as Kennedy did not vote with the liberals in any of these close decisions. [read post]
19 Jun 2019, 6:00 am by Guest Blogger
Supreme Court has exercised the power of judicial review over federal statutes from its founding through the retirement of Associate Justice Anthony Kennedy. [read post]
18 Jun 2019, 8:09 am by sydniemery
Loewy’s article Cops, Cars, and Citizens: Fixing the Broken Balance is cited in the following article: Anthony J. [read post]
10 Jun 2019, 6:30 am by Andrew Koppelman
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).With the departure of Anthony Kennedy and the arrival of the Trump appointees, the Supreme Court may be inaugurating a new order in which women are forced to have babies, the state sponsors majoritarian religion, and regulation is hamstrung, giving businesses competitive incentives to pollute and defraud their customers. [read post]
8 Jun 2019, 11:55 am by Ilya Somin
Stevens himself endorsed the latter constraint in his Kelo majority opinion, as did Justice Anthony Kennedy in his influential concurring opinion. [read post]
7 Jun 2019, 9:05 am by Amanda Frost
Justice Brett Kavanaugh’s confirmation hearing in 2018 was unusually contentious and partisan, in part because Kavanaugh was replacing “swing” Justice Anthony Kennedy. [read post]
6 Jun 2019, 3:45 am by Edith Roberts
” 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]
29 May 2019, 9:30 am by Karen Tani
Supreme Court substantively reviewed the constitutionality of an application of a provision of a federal statute from the founding through the retirement of Justice Anthony Kennedy. [read post]
28 May 2019, 9:01 pm by Michael C. Dorf
Citing Federalist No. 51, Justice Anthony Kennedy wrote an important concurrence in a 1995 case, in which he observed that “it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one. [read post]
28 May 2019, 1:54 pm by David Oscar Markus
Kennedy and Lyndon Johnson.An 11th Circuit panel, reviewing Doar’s findings, concluded that Hastings committed perjury, tampered with evidence and conspired to gain financially by accepting bribes. [read post]
25 May 2019, 5:43 am by Embajador Microjuris al Día
Se espera que a finales del presente año, los jueces discutan los derechos de los homosexuales por primera vez, desde que el juez Anthony Kennedy, autor de la decisión sobre el matrimonio entre personas del mismo sexo abandonó el tribunal en junio pasado. [read post]
24 May 2019, 7:44 am by Keith Whittington
Supreme Court substantively reviewed the constitutional validity of an application of a federal statutory provision from the founding of the Court through the retirement of Justice Anthony Kennedy. [read post]
24 May 2019, 7:20 am by Anita Krishnakumar
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]
24 May 2019, 5:30 am by Howard Bashman
Supreme Court Justice Anthony Kennedy would be delivering the address at Wednesday’s ceremony. [read post]