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3 Jul 2023, 2:35 pm by Josh Blackman
Yet Justices Gorsuch, Thomas and (mostly) Alito ruled in favor of Mallory. [read post]
2 Jul 2023, 1:53 pm by Josh Blackman
The expanded 6-3 conservative majority, in case after case, swung to the right: West Virginia, Castro-Huerta, Kennedy, Dobbs, Bruen, Carson, and so on. [read post]
30 Jun 2023, 11:24 am by Amy Howe
Kennedy, who wrote for the majority in 2018, retired less than a month later. [read post]
29 Jun 2023, 9:31 am by Amy Howe
Justice Anthony Kennedy, the author of the UT-Austin decision, retired in 2018 and was replaced by Justice Brett Kavanaugh, while Justice Ruth Bader Ginsburg was succeeded by Justice Amy Coney Barrett. [read post]
22 Jun 2023, 9:28 am by Michael C. Dorf
Consider the following statement by Justice Kennedy, speaking for the majority in Boumediene v. [read post]
21 Jun 2023, 12:28 pm by Josh Blackman
She quoted two clerks from that term, Cristina Rodriguez (O'Connor) and Adam Mortara (Thomas). [read post]
20 Jun 2023, 9:01 pm by Albert W. Alschuler
” A retired Justice later reported that Justice Scalia included this declaration at the insistence of Justice Anthony Kennedy, without whose vote the case would have been decided differently.In 2010, when the Court invalidated Chicago’s handgun ban in McDonald v. [read post]
19 Jun 2023, 12:42 pm by Josh Blackman
Reminds me of the era when Justice Kennedy was in charge, and we tried to read tea leaves in his concurrences. [read post]
18 Jun 2023, 9:30 pm by ernst
Duncan Kennedy, Harvard Law School, has posted The Bitter Ironies of Williams v. [read post]
8 Jun 2023, 2:21 pm by John Elwood
Department of Education relisted a petition raising this issue twice before denying review over a dissent by Justice Clarence Thomas, joined by Justice Brett Kavanaugh. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Circuit courts have held that a wetland qualifies as a “water of the United States” if it satisfies the “significant-nexus” test proffered by Justice Kennedy. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Circuit courts have held that a wetland qualifies as a “water of the United States” if it satisfies the “significant-nexus” test proffered by Justice Kennedy. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Circuit courts have held that a wetland qualifies as a “water of the United States” if it satisfies the “significant-nexus” test proffered by Justice Kennedy. [read post]
  In promulgating new post-Rapanos regulations, the EPA essentially adopted Justice Kennedy’s interpretation. [read post]