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24 Oct 2012, 12:31 am
The idea further embodies the belief that the members of the Supreme Court, with the exception of Justice Kennedy, are not sufficiently open-minded in making decisions based on the facts and precedent of the case, but instead have broader policy viewpoints that are strong enough to influence their vote in a certain manner no matter what is presented to them in briefs and oral argument. [read post]
The Court after Scalia: We need a new Justice like Scalia to help end the abortion-distortion effect
15 Sep 2016, 8:06 am
Casey brought no consensus, and its matter-of-law, undue-burden test was revised in Hellerstedt, with Kennedy’s help, to create a factual balancing test that puts federal courts back in the national-medical-board role. [read post]
25 Jun 2015, 8:27 pm
Especially when Roberts, Kennedy, and the rest of the majority do not try to cast this particular legislative process in a positive light. [read post]
4 Jun 2018, 5:29 pm
Notwithstanding these difficulties, Kennedy hangs on to the convenient peg that the Colorado commission may have been guilty of viewpoint discrimination on matters of speech on the one hand, and a violation of the principle of religious neutrality on the other. [read post]
2 Nov 2008, 5:20 pm
Do the numbers matter? [read post]
26 Sep 2018, 10:07 am
One point of import – Justice Anthony Kennedy was one of the five justices commonly in the majority when arbitration cases were decided by a 5-4 vote. [read post]
31 Jan 2010, 10:05 am
Alas, though, Tom Friedman--like, for that matter, all other famous pundits--seems constitutionally incapable (pun definitely intended) of offering a cogent response to his interlocutors. [read post]
11 Feb 2009, 9:49 pm
Garcia said he was unsure how he would proceed now that the matter had landed in court. [read post]
31 Mar 2021, 6:30 am
It is not just the leaders in the oval office whose character, judgment, and values matter when it comes to waging war. [read post]
23 Sep 2013, 1:12 pm
Can government knowingly take sides in a matter of religious belief or practice? [read post]
27 Jun 2018, 2:27 pm
Georgia written by Justice Stephen Breyer and joined by Chief Justice Roberts and Justices Kennedy, Ginsburg and Sotomayor. [read post]
15 Oct 2021, 4:14 pm
Facebook can say, as Mark Zuckerberg just did, that “when it comes to young people’s health or well-being, every negative experience matters”, but its business model says otherwise, and on a planetary scale. [read post]
30 Jan 2017, 4:11 am
” In an op-ed in The Washington Post, Ronald Klain maintains that “to win the real battle for the future of the high court, the nomination and the messaging around it should be aimed at the one man who truly matters: Anthony Kennedy,” and that if “Trump picks one of the two most widely speculated choices — federal appeals court judges William Pryor or Neil Gorsuch — that will likely encourage Kennedy to stay in… [read post]
26 Apr 2018, 4:29 am
” At the Election Law Blog, Richard Pildes imagines a scenario in which “Justice Kennedy could still be line to write the lead opinion in Gill [v. [read post]
9 Jul 2010, 2:11 pm
And Kennedy isn’t wrong, in this context, to think it matters that unprecedented burdens are being placed on same-sex couples.Kennedy is the author of the majority opinions in Romer v. [read post]
10 Jan 2016, 4:59 am
As a matter of stare decisis and policy, there is no going back to back alley abortions. [read post]
17 Jun 2010, 1:55 pm
The fact that it was done by the judiciary rather than by legislature or executive should not matter. [read post]
25 Oct 2011, 3:00 am
To me, it is a matter of personal responsibility. [read post]
25 Jun 2009, 4:36 am
It doesn't matter whether the witness is describing contemporaneously observed facts or relating matters from the past. [read post]
17 Apr 2007, 3:31 pm
(Two things of note: Justice Kennedy's separate concurrence seems to escape Justice Scalia's poison pen, and Justice Souter does not join this portion of the dissent.) [read post]
