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13 Oct 2016, 8:17 am by Ronald Mann
But however much time counsel devoted to that point, several of the justices gave strong indications that they had no interest in resolving it. [read post]
5 Oct 2016, 2:03 pm by Amy Howe
” Such a ruling might not count as a complete win for the government, but in this case it would be – as Justice Anthony Kennedy said yesterday in a different context – “close enough. [read post]
5 Oct 2016, 6:36 am by Rory Little
Tuesday’s oral arguments seemed to favor retrial With Justice Antonin Scalia absent, Justice Anthony Kennedy asked the first question of the 2016 Term (still, as usual, just a few sentences into Lisa Blatt’s presentation for the defendants). [read post]
28 Sep 2016, 12:24 pm by Rory Little
A four-justice plurality ruled that the Fourth Amendment, not the due process clause, governed Albright’s claim (although Justice Anthony Kennedy, joined by Justice Clarence Thomas, suggested that due process should govern his claim if it continued beyond the bail decision, that is, if “legal process” continued a “malicious” prosecution). [read post]
26 Sep 2016, 7:42 am by Alfred Brophy
  To apply, please send a letter of interest, resume, writing sample, and a list of three references to:  Anthony C. [read post]
26 Sep 2016, 2:42 am by Bob Kraft
In a front-page story, the Washington Post reports Transportation Secretary Anthony Foxx released a “long-awaited policy paper” that lays out rules for self-driving cars. [read post]
22 Sep 2016, 12:22 pm by Rory Little
Arguments of the parties This is truly a case in which both sides muster strong, if diametrically opposed, arguments. [read post]
16 Sep 2016, 7:51 am by Orin Kerr
Justice Antonin Scalia was a strong opponent of the Fourth Amendment exclusionary rule. [read post]
15 Sep 2016, 11:16 am by Dawn Johnsen
Had Robert Bork been confirmed instead of Anthony Kennedy, Bork almost surely would have provided the fifth vote to overrule Roe. [read post]
14 Sep 2016, 8:03 am by Eric Baxter
Parties across the political spectrum thus have a continuing interest in seeing strong protection for religious exercise. [read post]
13 Sep 2016, 8:13 am by Marci Hamilton
From the 1960s to that point, religious entities argued before the Court for extremely strong protection for religious conduct. [read post]
8 Sep 2016, 11:12 am by Fred Wertheimer
Strong dissents were written in the latter three cases by Justices John Paul Stevens, Stephen Breyer, and Elena Kagan, respectively. [read post]
2 Sep 2016, 3:24 am by Robin Shea
A word about text messages: Text messages are strong (and often damning) evidence, but they can be altered or fabricated. [read post]
31 Aug 2016, 7:53 am by Roger Clegg
And so, as well, we will continue to have to predict what Justice Anthony Kennedy would do in this area. [read post]