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29 Mar 2013, 5:20 pm
Justice Kennedy, expressed concern that if the Court were to hold that the Proposition 8 proponents lack Article III standing because they are not agents of the state of California... such a ruling might invite executive officials in California to effectively “thwart the initiative process” (Justice Kennedy’s words), simply by refusing to appeal lower court rulings declaring that such initiatives are invalid.... [read post]
4 Jul 2010, 12:14 pm
The Board of Patent Appeals and Interferences agreed, as did the Federal Circuit. [read post]
28 May 2013, 8:42 am by Kali Borkoski
Thaler, in an opinion by Justice Breyer (but announced by Justice Kennedy, because Justice Breyer was absent), the Court held by a vote of five to four  that when a state’s procedural framework, by reason of its  design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v.… [read post]
14 Nov 2006, 7:07 pm
On the other hand, he voted to curtail death penalty appeals and habeas rights for death row inmates. [read post]
23 Mar 2007, 5:51 am
Robert Lawrence of the Kennedy School has a report out with CFR entitled "The United States and the WTO Dispute Settlement System. [read post]
21 Nov 2018, 11:59 am by Stephen Wermiel
Even before Justice Brett Kavanaugh replaced Justice Anthony Kennedy this fall, some commentators were suggesting that liberals might want to avoid appealing cases to the increasingly conservative Supreme Court. [read post]
19 Jun 2017, 1:16 pm by Eugene Volokh
State, reversing an obscenity-as-to-minors conviction that Utah lawyers Troy Booher and Beth Kennedy (many thanks to them!) [read post]
4 Jul 2018, 2:24 am by Heather Douglas
Included in this list is Justice Don Willet of the Fifth Circuit Court of Appeal. [read post]
26 Apr 2022, 5:32 am by James Romoser
(Nina Totenberg, NPR) Supreme Court to Hear DNA Appeal in Rodney Reed Murder Case (Jesus Jiménez, The New York Times) Ketanji Brown Jackson Won’t Lose Her Seat If Breyer ‘Unretires’ (Stephen L. [read post]
14 Aug 2007, 7:27 am
Court of Appeals for the Second Circuit at this link. [read post]
10 Oct 2007, 9:11 am
Justice Kennedy had recused himself from this case. [read post]
5 Mar 2009, 6:30 pm
But as Scalia notes in his concurrence, the tone of the opinion indicates that Kennedy thinks the Board should come down in favor of a duress exception. [read post]
25 Jun 2007, 6:55 am
Kennedy is more conservative than O'Connor was on a number of issues. [read post]
8 Oct 2014, 10:04 am by Lyle Denniston
Court of Appeals for the Ninth Circuit. [read post]
29 Jun 2018, 5:25 am by Bobby Chen
Courts of Appeals for the Second, Sixth, and Ninth Circuits do not. [read post]