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6 Jul 2018, 3:11 am by NCC Staff
Next Monday night, President Donald Trump will announce his nominee to replace Anthony Kennedy as the Supreme Court’s ninth Justice. [read post]
3 Jul 2018, 4:29 pm by Pratheepan Gulasekaram
He concurred and joined Justice John Paul Stevens’ five-justice majority in Hamdan v. [read post]
3 Jul 2018, 6:21 am by Mark Tushnet
Under the circumstances, is it reasonable to find an appearance of partiality when an orthodox Catholic does not recuse from a case involving abortion? [read post]
3 Jul 2018, 5:32 am by Andrew Hamm
Kent Scheidegger on Crime & Consequences looks at the consequence of replacing Kennedy in criminal cases; he does “not expect that the Kennedy-Whomever succession will come close on the Richter Scale to the Marshall-Thomas succession on matters of criminal law. [read post]
2 Jul 2018, 9:01 pm by Neil H. Buchanan
Less broadly, Justice John Paul Stevens infamously “failed the First Amendment” with his dissenting 1989 vote that would have allowed governments to ban flag burning, a view that he did not change in subsequent years.The point is that finding exceptions to rules does not mean that there are no rules. [read post]
2 Jul 2018, 10:58 am by John Floyd
  Rival Political Parties Claim Right to Justices   As John T. [read post]
2 Jul 2018, 10:19 am by Stephen Wermiel
How does this process work and what might one learn from the papers of the justices? [read post]
2 Jul 2018, 8:27 am by Carol Steiker and Jordan Steiker
Kennedy never joined calls from members of the court (Justices Harry Blackmun, John Paul Stevens, Stephen Breyer and Ruth Bader Ginsburg) to reconsider the constitutionality of the death penalty as a punishment, but his jurisprudential glosses on the court’s proportionality doctrine arguably strengthen the case for judicial abolition. [read post]
29 Jun 2018, 2:04 pm by Michael Markarian
Booker, Heller, Richard Blumenthal (D-Conn.), John Kennedy (R-La.), and Catherine Cortez Masto (D-Nev.) to clarify that federal prohibitions on animal fighting activity “in or affecting interstate commerce” are to be consistently applied in all U.S. jurisdictions including the U.S. territories. [read post]
29 Jun 2018, 12:31 pm by Theodore Shaw
Although he joined the judgment against the school districts, Kennedy did not join Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito in their strictly narrow application of the 14th Amendment. [read post]
29 Jun 2018, 6:28 am
The court as an institution does not like to see itself as the instrument of an ideological movement. [read post]
29 Jun 2018, 5:25 am by Bobby Chen
Chief Justice John G. [read post]
28 Jun 2018, 2:48 pm by Edith Roberts
” Chief Justice John Roberts notably relied on a similar approach in 2015, in King v. [read post]
28 Jun 2018, 2:10 pm by Lovechilde
Haldeman and John Ehrlichman resigned in April, and the Senate's televised hearings began in May. [read post]
28 Jun 2018, 8:00 am by Harold Hongju Koh
As Justice Anthony Kennedy noted in his concurrence, “the Court does acknowledge that in some instances, government action may be subject to judicial review to determine whether or not it is ‘inexplicable by anything but animus,’ … which in this case would be animosity to a religion. [read post]
28 Jun 2018, 5:32 am by Michael Dorf
Seeing him as a teacher does not require any great act of imagination. [read post]
28 Jun 2018, 5:19 am by Quinta Jurecic
Kennedy, like Roberts, seems to be trying to square a president whose oath he does not trust with a structure of law that depends on that trust. [read post]
28 Jun 2018, 3:09 am
" Voting with Justice Scalia were Chief Justice John Roberts, and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito. [read post]