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19 Oct 2018, 11:21 am
The new list was the second one in the past few months, replacing the assignment list issued after Justice Anthony Kennedy retired on July 31, leaving the court with only eight justices. [read post]
18 Oct 2018, 9:01 pm
Defining these sorts of injuries as ‘identified discrimination’ would give local governments license to create a patchwork of racial preferences based on statistical generalizations about any particular field of endeavor.The entire Richmond program thus looked arbitrary: the 30% figure was not tied to any provable injury, and there was no explanation for why the program deemed Blacks, Hispanics, and Aleuts to merit exactly the same remedy.Although the Croson analysis is open to question… [read post]
16 Oct 2018, 8:17 am
The following is a series of questions prompted by the publication of Justin Driver’s “The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind” (Pantheon Books, 2018). [read post]
16 Oct 2018, 3:45 am
Kennedy. [read post]
15 Oct 2018, 3:53 am
Colorado Civil Rights Commission and similarly “handed victory to the objecting baker, although the British judges arguably provided a much less opaque answer to the underlying legal questions than Anthony Kennedy did in his more cautious majority opinion. [read post]
13 Oct 2018, 5:46 pm
Given that he is the best qualified nominee in some time, having graduated from Yale and Yale Law School and having served a clerkship with Justice Anthony Kennedy and for more than a decade on the nation’s second highest court as the author of opinions embraced by the Supreme Court itself, this is curious. [read post]
12 Oct 2018, 8:21 am
Heald (2005), Justice Anthony Kennedy drew this distinction regarding sales from out-of-state wineries to Michigan and New York. [read post]
12 Oct 2018, 3:00 am
Kavanaugh was sworn in shortly after the vote by Chief Justice John Roberts and retiring Justice Anthony Kennedy in a private ceremony. [read post]
11 Oct 2018, 9:30 pm
Kennedy, who retired in July. [read post]
11 Oct 2018, 9:01 pm
The Court, 5-4, in an opinion by Justice Anthony Kennedy, decided Panetti did not get the proper Ford proceedings to determine whether he was mentally incompetent. [read post]
11 Oct 2018, 6:40 pm
“The Gorsuch Brief: Progressive advocates used to write briefs designed to appeal to Anthony Kennedy; They’ve now got a new justice in their sights. [read post]
11 Oct 2018, 4:37 pm
Although retired Justice Anthony Kennedy voted against the government in Pereira and might therefore have been expected to do the same here, his replacement by Kavanaugh may not determine the outcome in this case. [read post]
9 Oct 2018, 1:23 pm
A few minutes later, retired Justice Anthony Kennedy, whom Kavanaugh has succeeded, walks in while chatting with Martha-Ann Alito, the wife of Justice Samuel Alito. [read post]
9 Oct 2018, 10:52 am
And now-retired Justice Anthony Kennedy suggested in 2015 that extended periods of solitary confinement might violate the Eighth Amendment’s bar on cruel and unusual punishment. [read post]
8 Oct 2018, 7:15 pm
On Monday, retired Justice Anthony Kennedy, whom Kavanaugh succeeded, administered the ceremonial judicial oath to the new justice, just as he had delivered the same oath to Kavanaugh on Saturday. [read post]
8 Oct 2018, 2:42 pm
Over the past two-and-a-half years, Roberts worked to keep the court from appearing too politically divided, in part, by voting with Justice Anthony Kennedy more often than with any other justice. [read post]
8 Oct 2018, 5:38 am
Kennedy. [read post]
8 Oct 2018, 4:53 am
Kavanaugh and the ugly politics of his nomination remained nameless, but Kagan all but conceded that with him on the Court, and Justice Anthony Kennedy gone, things won’t ever be the same. [read post]
7 Oct 2018, 3:52 am
One other shout-out: At the same time as our program, Georgia State hosted a conference on Anthony Kennedy's jurisprudence, including one panel on Kennedy's prose. [read post]
6 Oct 2018, 4:39 pm
., will administer the Constitutional Oath and retired Associate Justice Anthony M. [read post]
