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18 Jun 2015, 8:56 am
" It emphasizes:Innocent motives do not eliminate the danger of censorship presented by a facially content-based statute, as future government officials may one day wield such statutes to suppress disfavored speech.It added:a speech regulation targeted at specific subject matter is content based even if it does not discriminate among viewpoints within that subject matter.Justice Alito, joined by Justices Kennedy and Sotomayor, filed a short concurring opinion setting out… [read post]
22 Oct 2014, 8:07 am
" In a sense when we are litigating a matter what we are doing is working towards an agreed upon set of facts-- and when the matter is decided at nisi prius we become locked into those facts, whether or not we "agree" with them at that point. [read post]
20 Sep 2017, 10:00 pm
Jonathan Kennedy is an Intellectual Property Attorney in the Biotechnology/Chemical Patent Practice Group at McKee, Voorhees & Sease, PLC. [read post]
15 Jan 2014, 6:46 pm
If the Court collapses those categories as a constitutional matter, however, one can easily see how courts could do the same for the statute and expand its scope. [read post]
1 Apr 2015, 8:33 am
Justice Kennedy also filed a dissenting opinion. [read post]
28 Jun 2018, 10:56 am
I'm no expert when it comes to matters of Senate procedure, but one thought suggested to me by a learned friend after we heard yesterday that Justice Kennedy was retiring is that Democrats do have a "Trump" card, so to speak, that they could play to prevent Trump from filling Justice Kennedy's seat before the midterms. [read post]
23 Aug 2014, 10:09 am
Supreme Court in Kennedy, executrix of the estate of Kennedy, deceased v. [read post]
16 Feb 2011, 6:34 am
Kennedy expressed in 1963. [read post]
19 Mar 2007, 9:18 pm
First, for years lawyers have understood the clear benefits of collaboration and working together as a routine matter. [read post]
1 Jul 2009, 8:48 am
Kennedy. [read post]
10 Jul 2015, 5:43 am
Dorf:(1) there is a difference between support for same-sex marriage as a policy matter and as a constitutional matter; (2) premature constitutionalization of a right that cannot yet be said to be deeply rooted in the nation’s history and traditions risks undermining long-term support for the right because defeat of the anti-same-sex-marriage position in the democratic process would be more acceptable; and (3) the majority’s logic opens the door to claims such as a… [read post]
24 Jul 2008, 1:19 am
The issue in Kennedy vs. [read post]
9 Jan 2017, 7:01 am
I am famous in the only community that matters. [read post]
23 Mar 2017, 3:11 pm
The other, far more important in this context, is the justified fear that Ginsburg and Breyer (and perhaps Kennedy as well) will live on until 2020. [read post]
16 Jul 2014, 9:30 pm
Excellent analysis of the subject matter of Court opinions.... [read post]
28 Jun 2012, 10:27 am
This is why polling data on the popularity of the ACA (or most other public policy matters) is suspect. [read post]
15 Aug 2012, 1:13 pm
The Montana Supreme Court has issued an Opinion in the following matter: DA 09-0547, 2012 MT 177, GRANT CREEK HEIGHTS, INC., a Montana corporation, and KENNETH R. [read post]
27 Mar 2012, 4:08 am
Kennedy that the Court did not want to be forced to choose between two opposite choices: no life-without-parole sentences for any minor, or no limit on the sentence for anyone no matter how young. [read post]
24 Sep 2008, 4:12 pm
"Judge Harold Barefoot Sanders, who early saw the political utility of not using his first name and went on to play significant roles in matters from the Kennedy assassination to the desegregation of Dallas schools, died Sunday in Dallas. [read post]
5 Oct 2009, 5:26 am
"The difference between 13 and 16 matters," says Frank Colucci, a professor at Purdue University Calumet in Hammond, Ind., and author of "Justice Kennedy's Jurisprudence," published in September. [read post]
