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1 May 2018, 4:14 am by Edith Roberts
Briefly: For USA Today, Richard Wolf reports that although “[t]here is no vacancy at the Supreme Court, … liberal and conservative activists are ready to do battle over one,” and that “[t]he potential retirement of Justice Anthony Kennedy— the deciding vote on dozens of controversial cases over a 30-year career — has energized both sides for what likely would be the most divisive confirmation battle in decades. [read post]
30 Apr 2018, 5:31 am by Staci Zaretsky
* "Please Stay, Justice Kennedy. [read post]
30 Apr 2018, 4:08 am by Edith Roberts
The editorial board of The New York Times writes an open letter imploring Justice Anthony Kennedy not to retire because the Supreme Court “is facing an institutional crisis, and it needs you. [read post]
29 Apr 2018, 11:18 pm by Lawrence B. Ebert
”Justices including Sonia Sotomayor, Stephen Breyer, and Anthony Kennedy seemed receptive to the middle-ground position suggested by Verrilli. [read post]
27 Apr 2018, 10:00 am by Eliot Kim
On April 17, the Supreme Court issued a 5-4 decision in Sessions v. [read post]
27 Apr 2018, 8:48 am by Chinmayi Sharma
In a 5-4 vote, with Justice Anthony Kennedy writing the majority opinion, the court affirmed the U.S. [read post]
26 Apr 2018, 4:29 am by Edith Roberts
” In an op-ed for Bloomberg, Noah Feldman maintains that “Justice Elena Kagan has a strategy to persuade swing Justice Anthony Kennedy to vote against the ban” – “to depict the case as a watershed moment in the court’s jurisprudence about bias — thus making it extraordinarily difficult for Kennedy to find himself on the wrong side of history. [read post]
25 Apr 2018, 1:46 pm by Peter Margulies
On reviewability, Chief Justice John Roberts and Justices Anthony Kennedy and Neil Gorsuch probed whether the challenge was properly before the court. [read post]
25 Apr 2018, 1:28 pm by Adam Feldman
Justice Anthony Kennedy is assigned to the U.S. [read post]
25 Apr 2018, 1:03 pm
Katyal agreed that there could be, but that response got him into hot water with Justice Anthony Kennedy. [read post]
25 Apr 2018, 11:58 am by Josh Blackman
Mandel, as well as Justice Anthony Kennedy’s opinion in Kerry v. [read post]
25 Apr 2018, 11:34 am by Amy Howe
Katyal agreed that there could be, but that response got him into hot water with Justice Anthony Kennedy. [read post]
25 Apr 2018, 11:01 am by Chimène Keitner
” The Court ruled by a 5-4 majority, in an opinion authored by Justice Anthony Kennedy, that ATS jurisdiction does not extend to suits against foreign corporations. [read post]
25 Apr 2018, 10:55 am by Samuel Moyn
Justice Samuel Alito and especially new Justice Neil Gorsuch announced quite radical views that augmented the more limited skepticism offered by Justice Anthony Kennedy, who penned the plurality opinion. [read post]
25 Apr 2018, 9:05 am by Ilya Somin
But the statements of Justice Anthony Kennedy - a key swing voter - suggest that things are far more uncertain than that. [read post]
25 Apr 2018, 3:37 am by Amy Howe
’” Justice Anthony Kennedy also seemed to think that the 2nd Circuit’s rule goes too far, and gives the foreign government’s submission too much weight. [read post]
25 Apr 2018, 3:11 am by NCC Staff
 ''If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable,” Brennan said, who was joined in his opinion by two new conservative Justices on the bench, Anthony Kennedy and Antonin Scalia. [read post]
24 Apr 2018, 6:01 pm by Amy Howe
Justice Anthony Kennedy then joined the fray, although it is not clear which way his question (or Keller’s answer) cut. [read post]
24 Apr 2018, 2:30 pm by Amy Howe
Justice Anthony Kennedy wrote for the majority, in a decision that splintered along ideological lines. [read post]