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6 Sep 2018, 9:01 pm by Neil H. Buchanan
Wade will be repealed (with abortion still possibly legal on a state-by-state basis) but whether the Court would invent a doctrine under which abortion would be constitutionally prohibited nationwide.Beyond abortion, I asked whether even Griswold v. [read post]
6 Sep 2018, 4:25 am by Edith Roberts
United States, which struck down part of a statute that “imposes sentencing enhancements on repeat offenders who commit crimes with guns. [read post]
4 Sep 2018, 4:00 am by Howard Friedman
Beery, Prophylactic Free Exercise: The First Amendment and Religion in a Post-Kennedy World, (Albany Law Review, Forthcoming).Jaclyn L. [read post]
2 Sep 2018, 9:30 pm by Series of Essays
After Justice Anthony Kennedy announced his retirement from the U.S. [read post]
30 Aug 2018, 7:55 am by Andrew Hamm
Looking ahead to October Term 2018, Ian Millhiser of ThinkProgress writes that any one of 13 cases currently pending before or recently decided by a federal court of appeals “could offer the Court’s conservatives a vehicle to overrule Roe v. [read post]
29 Aug 2018, 10:23 am by Kent Scheidegger
Hafetz concludes:And given that a Justice Kavanaugh would replace Justice Anthony Kennedy -- the swing vote in several key national security cases (such as Boumediene v. [read post]
29 Aug 2018, 7:03 am by Dan Carvajal
The Wayfair Decision Justice Anthony Kennedy delivered the opinion for the five-justice majority. [read post]
28 Aug 2018, 2:11 pm by Adam Feldman
These data can be parsed somewhat differently when senators are separated by state. [read post]
28 Aug 2018, 10:54 am by Kent Scheidegger
There is an ineffective assistance case where trial counsel did not introduce expert testimony of battered woman syndrome in a case where duress was the defense, United States v. [read post]
27 Aug 2018, 10:53 am by Rory Little
Of particular note, he expressed misgivings in Henry, and then again in 2008 (United States v. [read post]