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23 Jun 2017, 6:31 pm by Miriam Seifter
Writing for the majority, Justice Anthony Kennedy stated that the denominator question, like the overall takings inquiry, turns on a multi-part analysis. [read post]
23 Jun 2017, 12:30 pm by Amy Howe
” Justice Clarence Thomas is the only justice who has not yet written an opinion from the January sitting, so he is almost certainly writing this one. [read post]
23 Jun 2017, 11:21 am by Amy Howe
” Justice Clarence Thomas, in a dissent joined by Justice Samuel Alito, had harsh words for the court’s ruling today. [read post]
23 Jun 2017, 11:13 am by Mark Walsh
Justice Anthony Kennedy is next with the opinion in Murr v. [read post]
22 Jun 2017, 5:40 pm by Amy Howe
”  Justice Clarence Thomas is the only justice who has not yet written an opinion from the January sitting, so he is almost certainly writing this one. [read post]
22 Jun 2017, 4:38 pm by Rory Little
Finally, Justice Neil Gorsuch joined Justice Anthony Kennedy’s majority opinion, Thomas’ concurring opinion, and Alito’s opinion that concurred only in the judgment. [read post]
22 Jun 2017, 11:11 am by Amy Howe
Chief Justice John Roberts joined Kagan’s opinion for the court in full, as did Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. [read post]
22 Jun 2017, 9:41 am by Mark Walsh
Justice Anthony Kennedy has the last opinion on a day devoted to the criminal law. [read post]
22 Jun 2017, 5:12 am by Amy Howe
”  Justice Clarence Thomas is the only justice who has not yet written an opinion from the January sitting, so he is almost certainly writing this one. [read post]
20 Jun 2017, 11:33 am by Lisa Ramsey
Justice Anthony Kennedy (joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan) argued that the viewpoint discrimination in Section 1052(a) is subject to “rigorous constitutional scrutiny” – which it did not survive – and noted that “commercial speech is no exception” to the “heightened scrutiny” required by Sorrell v. [read post]
20 Jun 2017, 11:25 am by Christine Farley
Justice Samuel Alito wrote the dissent in Walker (joined by Chief Justice John Roberts, Justice Antonin Scalia and Justice Anthony Kennedy) and the majority opinion in Tam. [read post]
20 Jun 2017, 4:29 am by Edith Roberts
” At PrawfsBlawg, Howard Wasserman weighs in on the decision here, and Will Baude looks at Justice Clarence Thomas’ separate opinion, in which Thomas expressed “skepticism … about the doctrine of qualified immunity,” here. [read post]
19 Jun 2017, 7:37 pm by Amy Howe
” Justice Anthony Kennedy authored an opinion that was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. [read post]
19 Jun 2017, 6:03 pm by Amy Howe
Justice Anthony Kennedy therefore wrote for a four-member majority, which characterized the detainees’ claims as a “disfavored” effort to extend Bivens – something that the court has not done, he noted, for the past 30 years. [read post]
19 Jun 2017, 4:19 pm by Caleb Trotter
Because Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan agreed that the disparagement clause constitutes viewpoint discrimination that cannot withstand rigorous constitutional scrutiny, they found it unnecessary to consider additional constitutional arguments by the parties. [read post]
19 Jun 2017, 1:25 pm by Amy Howe
Alito had equally strong words (if not more so) for Breyer’s opinion in McWilliams’ case today, in a dissent joined by Chief Justice John Roberts and Justices Clarence Thomas and Neil Gorsuch. [read post]
19 Jun 2017, 12:47 pm by Mark Walsh
He means the liberal versus conservative blocs, and in this case it is Justice Anthony Kennedy joining him and Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, while the newly constituted conservative bloc of Roberts and Justices Alito, Clarence Thomas, and Gorsuch are in the minority. [read post]