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2 Feb 2019, 4:59 am by Tim Zubizarreta
That said, abortion advocates are concerned that with Justice Anthony Kennedy’s retirement, the posture of the court in reviewing abortion cases may shift, particularly as Kennedy was in the majority when the Supreme Court struck down the almost identical Texas law. [read post]
1 Feb 2019, 5:37 pm by Lyle Denniston
The fifth vote in the majority was cast by Justice Anthony M. [read post]
1 Feb 2019, 5:32 pm by Howard Bashman
“A retired Supreme Court justice’s harsh critique of today’s public dialogue”: Bob Egelko of The San Francisco Chronicle has an article that begins, “Democracy and social decency are in trouble in the United States, former Supreme Court Justice Anthony Kennedy told law students on Friday. [read post]
30 Jan 2019, 12:39 pm by Adam Feldman
Not only has the face of the court shifted, but so has its center, with the departure of Justice Anthony Kennedy. [read post]
28 Jan 2019, 1:11 pm by Amy Howe
Justice Anthony Kennedy, who retired last year, joined the court’s four more liberal justices in concluding that, although the state has a legitimate interest in protecting women’s health, there was no evidence that the admitting-privileges requirement promoted that interest. [read post]
28 Jan 2019, 8:07 am by Amy Howe
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 – but may not be able to do in this case. [read post]
23 Jan 2019, 7:08 am by Ronald Collins
The following is a series of questions posed by Ronald Collins to Neal Devins and Lawrence Baum on the occasion of the publication of their book “The Company They Keep: How Partisan Divisions Came to the Supreme Court” (Oxford University Press, 2019, 272 pp., cloth: $29.95). [read post]
22 Jan 2019, 8:41 am by Lyle Denniston
Kennedy), there is a genuine possibility that a new majority can be put together to advance gun rights. [read post]
20 Jan 2019, 11:03 pm by Steve Lubet
Anthony Kennedy is the most recent example, having announced his resignation, one month before his 82nd birthday, during President Trump’s second year in office. [read post]
17 Jan 2019, 2:07 pm by Adam Feldman
In the coming years Thomas would join with Chief Justice William Rehnquist, Justices Antonin Scalia and Anthony Kennedy, and O’Connor to form a strong, although not impenetrable, conservative majority. [read post]
16 Jan 2019, 12:05 pm by Ilya Somin
If Kavanaugh ends up saving Williamson County by casting the decisive vote in a 5-4 decision, it will mean the retirement of Justice Anthony Kennedy was a bad break for property rights advocates, because Kennedy was one of four justices who joined a 2005 concurring opinion forcefully criticizing Williamson County and urging the Court to consider overruling it. [read post]
14 Jan 2019, 8:27 am by Seyfarth Shaw LLP
The past year also saw a change in the composition of the Supreme Court in April of 2018, with Justice Neil Gorsuch assuming the seat of Antonin Scalia after his passing in 2016, and Justice Brett Kavanaugh taking the seat of Anthony Kennedy in October 2018, after Kennedy’s retirement and a bruising Senate confirmation battle. [read post]
9 Jan 2019, 7:58 am by Ronald Mann
Many of those cases have been decided by narrow 5-4 majorities, which has raised the possibility that the replacement of Justice Anthony Kennedy by Kavanaugh might lead to some softening of the court’s position in those cases. [read post]
4 Jan 2019, 2:11 pm by Amy Howe
With the retirement last summer of Justice Anthony Kennedy and his replacement by Justice Brett Kavanaugh, the more conservative court could be poised to rule that courts should steer clear of such claims. [read post]
4 Jan 2019, 12:36 pm by Lyle Denniston
  He occupies the seat held for 30 years by now-retired Justice Anthony M. [read post]
4 Jan 2019, 4:14 am by Edith Roberts
” At Rewire.News, Jessica Mason Pieklo writes that “[t]he Supreme Court on Friday will consider taking three cases that could determine whether an employer can legally discriminate against employees for being LGBTQ,” noting that “[i]f the Court agrees to hear some, or all, of the petitions, it will be testing both the strength of employment discrimination law under Title VII and retired Supreme Court Justice Anthony Kennedy’s LGBTQ… [read post]