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24 Apr 2018, 11:43 am by Hayley Evans
Justice Anthony Kennedy wrote for the majority. [read post]
24 Apr 2018, 11:33 am by Jennifer Chacon
When asked by Justice Anthony Kennedy how many NTAs omit the date and time of the hearing, Liu noted that “almost 100 percent” do. [read post]
24 Apr 2018, 10:41 am by Susan Klein
While Roberts appeared perturbed by the “boilerplate” language in the AO-247 certifying that the judge considered all applicable sentencing factors, others, like Justice Anthony Kennedy, seemed to be equally concerned by the vast workload these thousands of sentencing modifications impose on the federal judiciary. [read post]
23 Apr 2018, 2:33 pm by Ronald Mann
It seemed troublesome both to Kagan and to Justice Anthony Kennedy that a shift to appointment by the commission itself would, if anything, produce judges who were even less independent than the judges that Lucia challenges. [read post]
23 Apr 2018, 1:06 pm
Well, 21% of civil cases taken were unpublished and 55% of criminal cases were unpublished.Third, moving to SCOTUS, Susan Yorke of CALG presents The Record on Appeal Versus the Internet Age: "A recent testy interchange between Justices Anthony Kennedy and Sonia Sotomayor during oral argument at the U.S. [read post]
23 Apr 2018, 12:50 pm by Ilya Somin
In oral argument at the Masterpiece Cakeshop case argued before the Supreme Court this fall, Justice Anthony Kennedy highlighted statements suggesting that Colorado officials were at least partly motivated by animus against conservative Christians when they adopted policies requiring bakers to prepare wedding cakes for same-sex marriages they object to on religious grounds. [read post]
23 Apr 2018, 5:00 am by Peter Margulies
The only recent example is Justice Anthony Kennedy’s concurrence in Kerry v. [read post]
20 Apr 2018, 9:30 am by Victoria Kwan
Justice Anthony Kennedy returned home to give remarks at an April 10 luncheon celebrating the centennial of the Sacramento County Bar Association. [read post]
20 Apr 2018, 5:45 am by Karri Bertrand Bolton
Justice Anthony Kennedy succinctly summarized the importance of civility in his 1997 speech at the American Bar Association’s Annual Meeting, stating: “[Civility] … is not some bumper-sticker slogan, ‘Have you hugged your adversary today? [read post]
20 Apr 2018, 4:22 am by Edith Roberts
” In the latest episode of the Heritage Foundation’s SCOTUS 101 podcast, Elizabeth Slattery and Tiffany Bates “break down [Justice Neil] Gorsuch’s ‘liberal’ vote in an immigration case and oral argument in the internet sales tax case” and talk to “Texas Solicitor General Scott Keller … about Anthony Kennedy, Ted Cruz, and the sweet mystery of life. [read post]
19 Apr 2018, 9:01 pm by Jim Sedor
Then, Commissioner Anthony DeFillipo announced he could not participate in the meeting. [read post]
19 Apr 2018, 8:02 am by Miriam Seifter
The dispute is a long-running one — so much so that it dates back to Justice Anthony Kennedy’s service on the U.S. [read post]
18 Apr 2018, 10:19 am by Steve Vladeck
But against the competing backdrop of Ylst and Richter, preserving both the “look-through” presumption and a state’s ability to overcome it certainly seems the least disruptive to existing practice—and perhaps the best explanation for why Justice Anthony Kennedy (who authored the majority opinion in Richter) and Chief Justice John Roberts joined the majority in siding with a federal habeas petitioner. [read post]
17 Apr 2018, 2:59 pm by Lyle Denniston
”) A few years ago, the states got their hopes up when Justice Anthony M. [read post]
17 Apr 2018, 11:32 am by Kevin Johnson
” Chief Justice John Roberts, joined by Justices Anthony Kennedy, Clarence Thomas and Samuel Alito, dissented. [read post]
17 Apr 2018, 7:04 am by Howard Bashman
Roberts, Jr. issued a dissenting opinion, in which Justices Anthony M. [read post]
17 Apr 2018, 4:19 am by Edith Roberts
At FiveThirtyEight, Amelia Thomson-DeVeaux explores the considerations that may influence Justice Anthony Kennedy’s decision about whether “to retire when the term recesses in June,” noting that Kennedy “is in a particularly difficult position because he holds an unusual amount of power on the current court, and he has good reason to be concerned that a Trump-appointed successor might undermine key parts of his judicial legacy. [read post]
16 Apr 2018, 8:02 pm by Ronald Mann
Similarly, Justice Anthony Kennedy repeatedly pressed Kannon Shanmugam (who defended the lower court ruling protecting the infringer) to admit that he was seeking to protect his client from the consequences of its infringing behavior: “[Y]our position is that the petitioner is not entitled to full compensation for its injury? [read post]