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2 Apr 2018, 6:14 am
With some incisive questions from the chief and Justices Anthony Kennedy and Elena Kagan, we might be a little closer to understanding the potential outcomes. [read post]
2 Apr 2018, 4:07 am
” At CNN, Ariane de Vogue reports that as speculation about the possible retirement of Justice Anthony Kennedy “ramps up again, court watchers wonder what went into his calculation for staying on the bench last term — and if anything’s changed since then. [read post]
1 Apr 2018, 4:48 pm
“The Anthony Kennedy watch returns: Will he stay or will he go? [read post]
28 Mar 2018, 3:10 pm
It has been apparent for some years that Justice Anthony M. [read post]
28 Mar 2018, 11:28 am
Justice Anthony Kennedy provided the pivotal vote in the case: He agreed that the Supreme Court should not intervene, while at the same time leaving the door open for courts to review future partisan-gerrymandering cases if a workable standard could be found. [read post]
28 Mar 2018, 9:53 am
The two justices who tend to author many of the significant decisions later in the term, Chief Justice John Roberts and Justice Anthony Kennedy, have yet to write the majority opinion in a statutory interpretation case this term. [read post]
28 Mar 2018, 9:03 am
And while the court may, for the time being, put the brakes on the most egregious forms of partisan gerrymandering, that result may be short-lived, as rumors recirculate that swing Justice Anthony Kennedy could soon announce his retirement. [read post]
28 Mar 2018, 3:48 am
Kennedy to apply technical or scientific abilities to the issue of gerrymandering, more specifically partisan gerrymandering. [read post]
27 Mar 2018, 6:05 pm
Not long after Breyer described his concerns and thinking, Justice Anthony Kennedy asked a question that was based on what he called “Justice Breyer’s common sense approach. [read post]
27 Mar 2018, 1:55 pm
As the authors quote from Justice Anthony Kennedy: When the people come … to see our arguments, they often see a dialogue between the justices asking a question and the attorney answering it. [read post]
27 Mar 2018, 7:33 am
Cahn for respondents (Art Lien) Arguing for the United States, Assistant to the Solicitor General Allon Kedem faced early questions from Justices Anthony Kennedy and Elena Kagan about immediate review under the collateral-order doctrine, and whether review after conviction was unavailable because shackling did not affect the trial. [read post]
27 Mar 2018, 4:32 am
At The Hill, Alexander Bolton reports that “Senate Republicans are privately saying they hope Justice Anthony Kennedy announces his retirement in the coming months, before the fall midterm elections, arguing the move would give Republicans something to rally their base as they work to maintain control of the Senate. [read post]
27 Mar 2018, 3:08 am
Last October, Justice Anthony Kennedy appeared to be the swing vote in the Gill v. [read post]
26 Mar 2018, 1:01 pm
” Kedem is a former Kennedy and Kagan clerk who has argued multiple cases as an assistant to the solicitor general. [read post]
26 Mar 2018, 6:54 am
Is Justice Anthony Kennedy right in that justices shouldn’t use the internet to supplement the record? [read post]
26 Mar 2018, 4:31 am
” For The Washington Post, Robert Barnes explains that when Justice Anthony Kennedy chided Justice Sonia Sotomayor at oral argument last week for consulting a website, “Kennedy insinuated that Sotomayor had violated some universally accepted Supreme Court procedure by invoking facts found outside the record,” but “the rule seems to be that justices don’t like other justices doing such research. [read post]
23 Mar 2018, 7:53 am
That left Justice Anthony Kennedy, who agreed that the Supreme Court should not get involved in the Pennsylvania case but left the door open for courts to review future partisan-gerrymandering cases if a workable standard could be found. [read post]
23 Mar 2018, 4:16 am
At the Associated Press, Mark Sherman and Jessica Gresko report that although Justice Sonia Sotomayor was chastised by her colleague Justice Anthony Kennedy during oral argument on Wednesday for consulting a website related to the case, “sticking to the record in Supreme Court cases can sometimes be more of a notion than a hard-and-fast rule. [read post]
23 Mar 2018, 12:03 am
National Law Journal, Gorsuch and Kennedy Click in Online Sales Tax Case: Besides their Western backgrounds and their justice-former clerk connection, Anthony Kennedy and Neil Gorsuch seem to have little in common in style and views. [read post]
21 Mar 2018, 9:01 pm
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [read post]
