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28 Jun 2007, 11:34 am
" In an opinion by Justice Kennedy (joined by Justices Stevens, Souter, Ginsburg, and Breyer) that once again served as a rebuke of the Fifth Circuit, the Court remanded the case for the district court to address petitioner Scott Panetti's Eighth Amendment claim in light of its opinion. [read post]
28 Jun 2007, 11:20 am
Thomas does not believe in the existence of a dormant version of the Commerce Clause. [read post]
28 Jun 2007, 9:46 am
Roberts, though, is plainly trying to develop his own lines of thinking independent, often enough, of the established positions of Justices Scalia, Kennedy, and Thomas — at some point he may persuade one or more of them to follow his lead, maybe even in an important case. [read post]
28 Jun 2007, 9:09 am
When the retailer refused to abandon this practice, Leegin terminated the relationship, and PSKS sued.Writing for the majority, Justice Kennedy, joined by Roberts, Scalia, Thomas, and Alito, cited a great deal of economic literature to the effect that price maintenance agreements between manufacturers and retailers can have either procompetitive or anticompetitive effects. [read post]
28 Jun 2007, 8:47 am
Total Number of rulings offered by the court: 75 Total Number of 9-0 rulings (not including per curiam decisions): 25 Number of Per Curiam Opinions: 8 Total Number of 8-1 or 7-1 decisions: 8 Number of lone dissents penned by Justice Thomas: 3 Number of lone dissents penned by Justice Stevens: 3 Total Number of 5-4 decisions: 21 Total Number of 5-4 decisions in which Justice Kennedy voted in the majority: 21 Total Number of 5-4 decisions ruled along traditional partisan lines: 18… [read post]
28 Jun 2007, 8:10 am
Thomas has a separate concurrence as well. 10:29: Kennedy is reading from his concurring opinion. 10:34: Justice Breyer has begun reciting from the dissent. 10:36: Breyer is still reading. 10:38: We have posted the full opinion in the schools cases. [read post]
28 Jun 2007, 7:35 am
Thomas has written a concurring opinion. [read post]
28 Jun 2007, 6:58 am
It is important to note that no matter how strident or uncompromising the language one finds in Chief Justice Roberts' and Justice Thomas' opinions, Kennedy's concurrence limits what the Court has held. [read post]
28 Jun 2007, 4:51 am
More importantly, Roberts does not have Kennedy's vote for rejecting combating racial isolation as a compelling interest. [read post]
28 Jun 2007, 4:02 am
A 5-4 decision written by Justice Kennedy will mean more consideration of the question whether Panetti is too mentally ill to understand why he is being punished. [read post]
27 Jun 2007, 5:48 pm
The Court's five more conservative members (which then consisted of the late Chief Justice Rehnquist, former Justice O'Connor, and Justices Scalia, Kennedy and Thomas) together prevailed in five cases. [read post]
27 Jun 2007, 1:21 pm
Lithwick doesn't think the meanness factor is really the issue, but she's struggling to put her finger on her real problem with the Roberts Court...Now maybe the Roberts Five [Roberts, Scalia, Kennedy, Thomas, & Alito] really are bilious and rageful. [read post]
27 Jun 2007, 12:54 am
Five justices -- John Roberts, Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas -- formed the majority in each decision. [read post]
26 Jun 2007, 1:49 pm
Chief Justice Roberts and Justice Alito are satisfied in making incremental moves in the law rather than taking the bold steps advocated by Justices Scalia and especially Thomas. [read post]
26 Jun 2007, 11:26 am
" And Justices Scalia, Kennedy and Thomas reject the "no reasonable interpretation" test altogetherâ€â [read post]
26 Jun 2007, 10:29 am
After pausing briefly to scold the Ninth Circuit for deciding the merits of the statutory interpretation issue rather than remanding to EPA for clarification, the Court, in an opinion written by Justice Alito and joined by the Chief Justice and Justices Scalia, Kennedy, and Thomas, held that EPA's decision was not arbitrary and capricious. [read post]
26 Jun 2007, 7:43 am
Justice Anthony Kennedy is, as everyone predicted, the fulcrum of the Roberts Court, but he is far from a centrist. [read post]
26 Jun 2007, 4:50 am
For the next few years, at least in cases that don't activate Justice Kennedy's libertarian streak, the interesting disagreements on the Court will be intra-conservative. [read post]
26 Jun 2007, 4:44 am
The majority (Roberts, Scalia, Kennedy, Thomas, Alito) came out swinging in Hein. [read post]
25 Jun 2007, 9:54 pm
Justice Thomas was the lone dissenter. [read post]
