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29 Jun 2017, 9:25 am
Abbasi, writing for a six-justice court, Kennedy reversed a U.S. [read post]
29 Jun 2017, 4:42 am
” At The Hill, Lydia Wheeler reports that in “a spate of decisions and dissents” at the end of the term, Justice Neil Gorsuch “aligned with Clarence Thomas, the most conservative justice on the bench. [read post]
28 Jun 2017, 9:01 pm
But on the question whether Obergefell entitles same-sex married couples to all the benefits of marriage—rather than just a marriage license with some or none of the benefits states accord other married couples—there is no room for debate.The majority opinion in Obergefell, written by Justice Kennedy, repeatedly admonishes that same-sex couples have a right to “civil marriage on the same terms and conditions as opposite-sex couples. [read post]
28 Jun 2017, 2:04 pm
Only twice in the last ten terms has Justice Kennedy not had the highest frequency in the majority. [read post]
28 Jun 2017, 1:11 pm
Justice Anthony Kennedy, the author of Martinez, was also in the majority. [read post]
28 Jun 2017, 7:32 am
Section III-C (Alito, Roberts, Thomas and Breyer): Justices Kennedy, Ginsburg, Sotomayor and Kagan again agreed in theory, but not exact rationale, with the other four Justices on the issue of whether federal trademark registrations are a “government program. [read post]
27 Jun 2017, 12:34 pm
Justices Thomas, Alito, and Gorsuch noted in a separate opinion that they would have allowed the executive order to go into effect in its entirety. [read post]
27 Jun 2017, 11:23 am
Abassi was decided by a 4-2 vote, with Chief Justice Roberts and Justices Thomas and Alito joining Justice Kennedy’s majority opinion. [read post]
27 Jun 2017, 11:12 am
Instead, for a 5-4 majority, Justice Clarence Thomas concluded in Davila v. [read post]
27 Jun 2017, 7:18 am
” Only three other justices (Anthony Kennedy, Samuel Alito and Elena Kagan) joined this footnote. [read post]
27 Jun 2017, 7:09 am
Clarence Thomas wrote for the five-member majority, as quoted by Jolie McCullough in the Texas Tribune:"Because a prisoner does not have a constitutional right to counsel in state postconviction proceedings, ineffective assistance in those proceedings does not qualify as cause to excuse a procedural default," Thomas wrote in his opinion, joined by Chief Justice John Roberts and justices Anthony Kennedy, Samuel Alito, and Neil Gorsuch.Grits finds this especially… [read post]
26 Jun 2017, 9:01 pm
But in expressing agreement with what they characterized (even if erroneously) as the per curiam’s lean toward the government, Justices Thomas, Alito, and Gorsuch left little doubt where they will be on the merits. [read post]
26 Jun 2017, 3:13 pm
” Justice Neil Gorsuch’s dissent (joined by Justice Clarence Thomas) would permit state funds to subsidize such religious activities if they were awarded on the basis of religion-neutral criteria. [read post]
26 Jun 2017, 2:44 pm
Not a word from Justices Anthony Kennedy or Elena Kagan, who should have known better. [read post]
26 Jun 2017, 1:58 pm
Abbasi, the Court—through Justice Kennedy for a 4-2 majority—importantly recast its approach to Bivens actions. [read post]
26 Jun 2017, 1:33 pm
Quoting Justice Kennedy in Boumediene v. [read post]
26 Jun 2017, 12:51 pm
Kennedy, who had been leaning forward to inspect the pages of his summary as Thomas spoke and remained there while he delivered it, now leans back in his chair and seems relaxed. [read post]
26 Jun 2017, 12:24 pm
In other words, the stay is tailored to the interests of U.S. persons and entities alluded to in Justice Kennedy’s concurrence in Kerry v. [read post]
26 Jun 2017, 12:04 pm
Justice Thomas’s Opinion Justice Thomas wrote an opinion, joined by Justices Alito and Gorsuch—but not Justice Kennedy or Chief Justice Roberts—dissenting from the majority opinion to the extent it did not stay the preliminary injunctions in full. [read post]
26 Jun 2017, 11:21 am
Today, Justice Kennedy voted with Justice Thomas's majority opinion in Davilla v. [read post]
