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30 May 2009, 5:21 am
The decisions often find the four liberal justices on one side, the four conservatives on the other and Justice Anthony Kennedy determining who wins. [read post]
3 Oct 2011, 10:38 am
 It's true that Justice Kennedy's opinion in Lawrence does not use the magic words "fundamental right" (except in discussing Bowers v. [read post]
10 Apr 2012, 7:49 am by Carlton Larson
  Instead, the most likely successors to Vinson would have been John Marshall Harlan under President Eisenhower or Byron White under President Kennedy. [read post]
24 Apr 2016, 9:30 pm by Christopher Walker
Chief Justice John Roberts, joined by Justices Anthony Kennedy and Samuel Alito, dissented. [read post]
8 Dec 2011, 9:00 am by Michael F. Smith
Briggs (1986) in denying the officers qualified immunity, and whether Malley and United States v. [read post]
15 Jun 2014, 1:39 pm by Marty Lederman
  Instead, the initial question on the merits is whether, notwithstanding the absence of any such legal duty, the state nevertheless imposes “substantial pressure on an adherent to modify his behavior and to violate his beliefs," Thomas v. [read post]
25 Jan 2011, 7:34 am by Transplanted Lawyer
Why is it top-of-the-roster news for two days in a row that Antonin Scalia isn't going to attend the State of the Union address? [read post]
13 Nov 2009, 9:03 am
And: “The age of 18 is the point where society draws the line for many purposes between childhood and adulthood,” Justice Anthony Kennedy wrote on behalf of the 5-4 majority in Roper v. [read post]
9 Nov 2011, 9:10 pm by Lyle Denniston
Obama, et al. (11-117); National Federation of Independent Business, et al., v. [read post]
30 Jun 2011, 11:00 am by Randy Barnett
One year later, the Due Process challenge was upheld 5–4 in McDonald v. [read post]
3 Apr 2018, 4:06 am by Lyle Denniston
   The same thing happened with the abortion rights case, Roe v. [read post]
4 Mar 2014, 4:01 am by SHG
Florida, the follow-up case to Atkins v. [read post]