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10 Jan 2012, 9:36 pm by Nicole Huberfeld
Bottom line, the states want the Court to revive Butler and to expand the theory of coercion that the Court merely acknowledged in Dole and Steward Machine by relying heavily on Justice Kennedy’s concurrences and dissents that have expressed an interest in such an expansion. [read post]
28 Apr 2009, 2:26 pm
Justice Kennedy began by asking what the state would prove in a subsequent hearing. [read post]
21 Mar 2012, 9:12 am by Cynthia L. Hackerott
“If the State agrees with petitioner that damages liability for violations of the self-care provision is neces­sary to combat discrimination against women, the State may waive its immunity or create a parallel state law cause of action,” Justice Kennedy wrote. [read post]
8 Jun 2009, 2:53 pm
The Supreme Court issued a landmark 5-4 decision today in Caperton v. [read post]
20 Feb 2007, 5:29 am
In Philip Morris USA v. [read post]
26 Apr 2011, 8:02 am
Kennedy delivered the opinion of the Court in United States v. [read post]
4 Mar 2015, 8:42 am
[Justice Kennedy]... pointed out that, under petitioners’ reading, the federal government would be all but forcing states to create their own exchanges.... not just [because otherwise] their citizens would be denied benefits... [read post]
24 May 2010, 2:02 pm by Kent Scheidegger
Here is a bit more explanation of the odd case of Robertson v. [read post]
5 Apr 2012, 7:56 pm by Michael J.Z. Mannheimer
Simmons (2005), and those who rape as child (or perhaps commit any non-homicide offense) in Kennedy v. [read post]
4 Apr 2011, 5:08 pm by Chris Lund
Rick Garnett below notes the Court’s decision this morning in Arizona Christian Tuition Organization v. [read post]