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20 Mar 2019, 8:55 am
With a new and more conservative majority since the retirement of Justice Anthony Kennedy, and the likelihood that issues like abortion and affirmative action could return to the Supreme Court in the not-too-distant future, that’s something that the liberal justices will probably want to steer clear of, and the government’s brief may offer them a middle ground to try to do so in this case. * * * Past cases linked to in this post: Auer v. [read post]
19 Mar 2019, 8:35 am
And with the retirement last year of Justice Anthony Kennedy, the justices could be poised to rule that this issue – known as partisan gerrymandering – is one that the courts should leave to politicians and the political process. [read post]
18 Mar 2019, 6:34 pm
” And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Justice Anthony Kennedy’s Juvenile Justice Legacy Is Under Assault in the D.C. [read post]
18 Mar 2019, 5:30 pm
Less than six months after Justice Anthony Kennedy announced his retirement and called for the U.S. [read post]
18 Mar 2019, 10:26 am
Justice Samuel Alito’s dissent was joined by Chief Justice John Roberts and Justices Antonin Scalia and Anthony Kennedy. [read post]
18 Mar 2019, 3:52 am
” At Bloomberg Law, Kimberly Robinson explains that, even after the retirement of “swing” justice Anthony Kennedy, “there’s still potential for the court’s outnumbered liberals to cobble together majorities in certain types of cases, based on past votes and the newest justices’ histories. [read post]
17 Mar 2019, 9:59 pm
By Steve Kennedy* and Anthony D. [read post]
17 Mar 2019, 9:10 pm
Scholars of deregulation—such as Martha Derthick, Paul Quirk, and Anthony E. [read post]
17 Mar 2019, 2:30 pm
* With Justice Anthony M. [read post]
13 Mar 2019, 11:01 am
At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency. [read post]
12 Mar 2019, 8:40 am
In recent terms justices have ranged from 97 percent frequency in the majority (Justice Anthony Kennedy in October Term 2016) to 61 percent in the majority (Thomas in October Term 2014). [read post]
11 Mar 2019, 10:00 pm
In his concurrence, Justice Anthony Kennedy disagreed that the Court could never devise a test for analyzing such claims. [read post]
6 Mar 2019, 7:18 am
Likewise, since the Supreme Court decided Whole Woman’s Health, Justice Neil Gorsuch has filled the vacancy left by Justice Antonin Scalia’s death, and Justice Brett Kavanaugh has taken the seat that opened upon the retirement of Justice Anthony Kennedy, who cast a fifth vote to strike down the Texas law in Whole Woman’s Health. [read post]
5 Mar 2019, 7:06 am
In 2016, Justice Anthony Kennedy provided the fifth vote to strike down a Texas law that required doctors who perform abortions to have “admitting privileges” – the right to admit patients – at a local hospital. [read post]
26 Feb 2019, 9:50 am
Anthony Kennedy wasn't even off the Court when she said this. [read post]
21 Feb 2019, 7:44 am
“The Jurisprudence of Justice Anthony M. [read post]
19 Feb 2019, 2:27 pm
MNN stresses that the idea that public-access channels are public forums is based on a 1996 opinion by now-retired Justice Anthony Kennedy in Denver Area Educational Telecommunications Consortium v. [read post]
19 Feb 2019, 11:30 am
Ginsburg has been using the center curtain only since this term began, when her seat shifted after Justice Anthony Kennedy’s retirement. [read post]
19 Feb 2019, 9:38 am
” In a decision by Justice Ruth Bader Ginsburg that was joined by now-retired Justice Anthony Kennedy and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, the Supreme Court instructed the Texas court to hew more closely to the most recent medical guide on intellectual disabilities. [read post]
11 Feb 2019, 11:07 am
It’s an insight that lamentably never made it into either opinion, but was Justice Anthony Kennedy’s focus at oral argument. [read post]
