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2 Jul 2017, 9:05 pm by Walter Olson
” [James Copland, Case Western Law Review] Kennedys opinion for Court cites Cato amicus brief in Packingham v. [read post]
29 Jun 2017, 4:42 am by Edith Roberts
Commentary comes from Ira Lupu and Bob Tuttle at ACS blog, David Cortman in an op-ed for the St. [read post]
28 Jun 2017, 9:01 pm by Joanna L. Grossman
But on the question whether Obergefell entitles same-sex married couples to all the benefits of marriage—rather than just a marriage license with some or none of the benefits states accord other married couples—there is no room for debate.The majority opinion in Obergefell, written by Justice Kennedy, repeatedly admonishes that same-sex couples have a right to “civil marriage on the same terms and conditions as opposite-sex couples. [read post]
26 Jun 2017, 10:52 am by Molly Runkle
The post Afternoon round-up: Today’s orders and opinions appeared first on SCOTUSblog. [read post]
26 Jun 2017, 4:09 am by Edith Roberts
But, based on reports from Saturday night’s Kennedy law clerk reunion, David Lat at Above the Law and Jess Bravin in The Wall Street Journal cast doubt on the prevailing rumors. [read post]
25 Jun 2017, 9:42 pm
Kennedy Is Not Retiring Tomorrow; Based on this weekend's reunion of his law clerks, reports of AMK's retirement are greatly exaggerated. [read post]
24 Jun 2017, 1:17 pm by Sandy Levinson
 One must realize that basic elements of what we have taken for granted as foundations of our constitutional order may rest on Anthony Kennedy's decision to retire or stay the course. [read post]
22 Jun 2017, 8:54 am by Rachel Bercovitz
Steve Vladeck outlined his critiques of Justice Kennedys analysis of Bivens damages, as set forth in the majority opinion in Ziglar v. [read post]
20 Jun 2017, 6:35 am
" In today's edition of The Los Angeles Times, David G. [read post]
20 Jun 2017, 4:29 am by Edith Roberts
Commentary comes from David Alan Sklansky at Stanford Law School’s Legal Aggregate blog. [read post]
19 Jun 2017, 8:54 pm
" David Kravets of Ars Technica reports that "There's a constitutional right to use social media, Supreme Court says; North Carolina's law was 'unprecedented in the scope of First Amendment speech.'" Chris Geidner of BuzzFeed News reports that "Supreme Court Strikes Down State Ban On Registered Sex Offender Social Media Use. [read post]
19 Jun 2017, 1:38 pm by adam
Both Justice Kennedys majority opinion and Justice Alito’s concurrence in the judgment assumed without deciding that the law was content neutral, and thus applied the intermediate scrutiny test used for content neutral laws. [read post]
19 Jun 2017, 9:56 am by Amy Howe
Four other justices – Justices John Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer – believed that courts should be able to review partisan-gerrymandering claims. [read post]
15 Jun 2017, 2:28 pm by Amy Howe and Mark Walsh
The list of prominent Democrats spotted in attendance is considerably shorter, consisting of Bennet and lawyer David Frederick, Gorsuch’s former law partner. [read post]
12 Jun 2017, 11:38 am by Ilya Somin
Parts of the court’s statutory analysis on nationality discrimination follow reasoning first laid out – I believe – by David Bier of the Cato Institute, in assessing Trump’s initial travel ban. [read post]
2 Jun 2017, 6:36 am by John Elwood
In the Supreme Court, appellants David Harris and Christine Bowser argue that the district court erred in holding that the lack of discernible standards prevented it from striking down the plan, because the plan’s architect admitted it was designed to elect as many Republicans as mathematically possible. [read post]
31 May 2017, 4:59 am by Edith Roberts
At The George Washington Law Review’s On the Docket blog, David Levine and Thomas Kearns discuss the court’s decision in Midland Funding, LLC v. [read post]
30 May 2017, 8:19 am by Andrew Kent
Justice Kennedy and other justices who opposed the George W. [read post]