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20 Jan 2015, 8:48 am by Jason Rantanen
 (2015) Download OpinionBreyer (author), joined by Roberts, Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan; Thomas (dissenting) joined by Alito. [read post]
9 May 2012, 12:06 pm by Steve Honig
Dice-K had a couple of good years and a couple of bad ones; he is stubborn, and also (not that it matters, but...) no fun to watch. [read post]
27 Jun 2011, 7:27 am by Eugene Volokh
I’m reading the opinion now, and hope to have more to say about it soon.UPDATE: Here’s a brief summary of the Justices’ views on the matter:Majority (Justice Scalia, joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan):(1) Video games are within the protection of the First Amendment, just as are other forms of entertainment (and entertainment has long been seen as constitutionally protected, partly because it can embody ideas, including political… [read post]
7 Jul 2012, 3:24 pm by Jon
There was a hush in the room during the oral arguments on the Affordable Care Act when Justice Anthony Kennedy asked Solicitor General Donald Verrilli, arguing the individual mandate was authorized by the Commerce and Necessary and Proper clauses, "Can you identify for us some limits on the Commerce Clause? [read post]
7 Jul 2018, 5:19 am by SHG
But the point wasn’t that he didn’t raise a problem, but that failed solutions are still failed, no matter how desperately you want there to be something, something, to do. [read post]
21 Mar 2018, 7:31 pm by Anthony Gaughan
JUSTICE KENNEDY: Could you just – as a preliminary matter, after the divorce but before the owner of the policy died, did he pay premiums? [read post]
15 Jun 2020, 3:27 pm by Jane S. Schacter
Granted, the four cases were all matters of constitutional law, not statutory interpretation. [read post]
9 Mar 2009, 12:26 pm
”   To read Section 2 to compel “crossover districts,” keyed so closely to “racial assumptions,” would raise “serious constitutional problems,” as Kennedy views the matter. [read post]
10 Jun 2011, 7:31 am by Tomassi Law Associates
As a matter of both common experience and statistics, Justice Kennedy wrote, the answer was yes. [read post]
16 Apr 2010, 8:43 am by Patrick
And the bottom line is, it doesn’t matter and it shouldn’t matter,” she said. [read post]
6 Jul 2014, 1:08 pm by Marty Lederman
Lee, that "[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity,” at least where “[g]ranting an exemption . . . to an employer operates to impose the employer’s religious faith on the employees. [read post]
21 Jan 2010, 3:43 pm by Matt Sundquist
Justice Kennedy, however, along with Justice Scalia, expressed skepticism over whether a state tort claim by a contracting party against a third party would be preempted. [read post]
7 Feb 2007, 7:37 pm
(Part 2 of a 5-part Series) (Explanation of series) Seven Legal Technology Trends for 2007 - Widening the Digital Divide in Law Practice Trends Number 1 and 2. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
Everyone expects Justice Kennedy to be the pivotal vote in Fisher, and everyone also expects Justice Kennedy to reverse the Fifth Circuit opinion that upheld UT’s admissions policy on the strength of Grutter. [read post]
15 May 2017, 11:16 am by MBettman
In a unanimous opinion written by Justice Kennedy, the court upheld the propriety of the searches of a book bag left by a high school student on a school bus. [read post]
27 Jul 2020, 10:00 am by Adriel I. Cepeda Derieux
That’s why the Framers fully left the matter to Congress’s discretion. [read post]
22 Sep 2015, 5:17 am by David Markus
I doubt Roberts, or Kennedy for that matter, is rushing off to join even the most conservative wings of the Democratic party.I know the Republican candidates were poking at Roberts only by way of jabbing at Obama; this is primary season, and they know there are votes to be mined in the opposition to just about anything the current president has done.And I know that, in office, the brash calculations of a debate-stage performance almost always give way to more considered, thoughtful… [read post]