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22 Jun 2018, 7:03 am
Justice Anthony M. [read post]
22 Jun 2018, 6:34 am
” Yet the most significant statement on Chevron this term came in Justice Anthony Kennedy’s concurrence in Pereira. [read post]
22 Jun 2018, 3:31 am
At The National Law Journal (subscription or registration required), Tony Mauro reports that in a brief concurrence, “Justice Anthony Kennedy sharply criticized the ‘Chevron’ doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court. [read post]
21 Jun 2018, 4:00 pm
In its conference of June 21, 2018, the court is considering petitions involving issues such as whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways; whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is “wholly groundless”; and whether,… [read post]
21 Jun 2018, 3:20 pm
Sotomayor notes that Justice Anthony Kennedy has filed a concurring opinion, while Alito has filed a dissent. [read post]
21 Jun 2018, 2:29 pm
On a day when Justice Anthony Kennedy wrote separately in another case to criticize the federal courts of appeals for deferring to agency interpretations too often, it is no surprise that the majority declined to take up Breyer’s suggestion. [read post]
21 Jun 2018, 1:15 pm
Justice Anthony Kennedy had essentially invited a test case to overrule Quill Corp. v. [read post]
21 Jun 2018, 9:15 am
Justice Anthony M. [read post]
21 Jun 2018, 8:25 am
In a important concurring opinion issued today, Supreme Court Justice Anthony Kennedy expressed serious misgivings about Chevron v. [read post]
21 Jun 2018, 7:23 am
The majority opinion, which twice cited the Tax Foundation’s brief, was authored by Justice Anthony Kennedy, joined by Justices Clarence Thomas, Samuel Alito, Ruth Bader Ginsburg, and Neil Gorsuch. [read post]
21 Jun 2018, 7:03 am
Justice Anthony M. [read post]
20 Jun 2018, 7:27 pm
(Page 2). 5-4 Decisions: The court has decided nine cases by a five-justice majority, including seven in which the majority was comprised of the four conservative justices and Justice Anthony Kennedy, and none in which the majority was comprised of the four liberal justices and Kennedy. [read post]
20 Jun 2018, 6:48 pm
Like many others, I had hoped that the justices—particularly the swing justice, Anthony Kennedy—would use the unique opportunity before the Court to articulate a judicially-manageable standard for assessing the constitutionality of redistricting plans. [read post]
20 Jun 2018, 5:00 pm
Seibert, in which a four-justice plurality opinion authored by Justice David Souter espoused one rule and Justice Anthony Kennedy, concurring only in the judgment, advocated another. [read post]
20 Jun 2018, 9:49 am
This leads to the question of whether the oral argument in Mansky helped move Justices Ruth Bader Ginsburg, Anthony Kennedy and Elena Kagan to the majority. [read post]
19 Jun 2018, 7:00 pm
In an opinion written by Justice Anthony Kennedy, the four conservative dissenters in Bajakajian argued that the majority's seeming exclusion of civil forfeitures was a mistake, and that such forfeitures should not "be left completely unchecked by the Constitution. [read post]
19 Jun 2018, 3:42 pm
Justice Anthony Kennedy concurred in the Vieth judgment because there are no “clear, manageable and politically neutral standards for measuring the particular burden” on constitutional rights posed by partisan gerrymandering. [read post]
19 Jun 2018, 2:38 pm
Gralike, relying on the fact that, as Justice Anthony Kennedy noted in concurrence, the “Elections Clause thus delegates but limited power over federal elections to the States. [read post]
19 Jun 2018, 11:57 am
Justice Anthony Kennedy, along with Justices Sonia Sotomayor and Elena Kagan, dissented. [read post]
19 Jun 2018, 8:14 am
” Kagan’s concurrence drew heavily on the First Amendment jurisprudence of Justice Anthony Kennedy, who joined the majority but did not tip his hand on the bigger questions the Supreme Court left unresolved. [read post]
