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6 Jul 2018, 4:07 am
” Looking at the court after Kennedy, Oliver Roeder at FiveThirtyEight points out that liberals shouldn’t place too much hope in the presumed new “median voter,” noting that “[w]hile the statistical metrics show Roberts taking a relatively moderate position, he has very rarely voted with the liberals when it mattered. [read post]
17 Sep 2013, 9:01 pm
Arguably, a D&E is not distinct enough from an intact D&E, to qualify as significantly more intrusive, as a constitutional matter, for a woman who would have preferred the latter to the former. [read post]
22 Mar 2012, 2:59 am
Kennedy v. [read post]
[Josh Blackman] The Roberts Court Slowly Inters Justice Kennedy's Ephemeral "Jurisprudence of Doubt"
30 Jun 2020, 4:01 pm
Or one might say that the matter is undecided. [read post]
28 Jun 2010, 8:33 pm
Kappos today and, as anticipated, agreed with the Federal Circuit that Bilski's claims to methods for "hedging" risk in commodities trading are not patent-eligible subject matter. [read post]
13 Jul 2007, 11:16 am
And its the first time that the court has referred to Max Weber's typologies of legal rationality in On Law in Economy and Society, for which see Rheinstein, Kronman and now Duncan Kennedy. [read post]
28 Feb 2018, 10:45 am
Justice Kagan early in the argument, along with Justice Kennedy, wondered about more narrowly-drawn rules on matters like express advocacy for or against a particular candidate rather than broader political messages. [read post]
25 Jun 2009, 3:40 am
If three of the eight flipped in the matter of a few months, it would appear that judges really do make law, not just interpret it. [read post]
28 Mar 2011, 9:21 pm
Paul Kennedy asks, “How do you react when a judge asks a defendant entering a guilty plea whether or not he believes in Jesus? [read post]
7 Apr 2011, 12:27 pm
"Cannon’s high court shuffle clears House panel," is the title of John Kennedy post at the Palm Beach Post. [read post]
26 Apr 2011, 8:11 am
Justice Kennedy authored the majority opinion, and only Justice Ginsburg dissented. [read post]
14 Jun 2021, 9:02 am
In the same manner, did Robert Kennedy, Lester Maddox, Hubert Humphrey, and Bull Connor equally suffer from “whiteness”? [read post]
15 May 2017, 2:16 pm
Justice Sotomayor’s majority opinion was joined by the Chief Justice and Justices Kennedy, Breyer, Alito, and Kagan. [read post]
22 Mar 2013, 1:04 pm
Individual rights matter, and it is the Court's duty to say what they are. [read post]
19 Jun 2017, 12:33 pm
Five of the justices (Kennedy, Ginsburg, Sotomayor and Kagan, plus Thomas in a separate opinion) held that viewpoint discrimination always triggers heightened scrutiny. [read post]
21 Jun 2018, 7:58 am
(This matters because at the time of Lucia's case before the SEC, the ALJs had not been appointed in a manner consistent with that clause.) [read post]
7 Jun 2013, 6:00 am
But it was argued in October, and the Court usually has all of its October opinions out long before June, no matter how controversial they are. [read post]
2 Jun 2008, 1:07 pm
OK, if you insist, Deborah, a few predictions ... with the caveat that my track record on these matters has been decidedly mixed of late. [read post]
11 Jun 2012, 6:22 am
Family matters: Tony Mauro reports that U.S. [read post]
20 Apr 2016, 11:26 am
Justice Kennedy’s majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Alito, Sotomayor, and Kagan. [read post]
