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20 Aug 2018, 3:56 am by Edith Roberts
For USA Today, Richard Wolf explains that that “[b]ecause he would replace retired justice Anthony Kennedy, who occasionally sided with the court’s liberal wing, Kavanaugh particularly could shift the balance on cases involving abortion, capital punishment, racial discrimination and gay rights. [read post]
7 Aug 2018, 9:01 pm by Michael C. Dorf
After all, it is not likely that a Justice Kavanaugh would preserve Justice Kennedy’s moderate to liberal legacy on abortion, affirmative action, capital punishment, gay rights, and a number of other issues where Kennedy leaned left. [read post]
30 Jul 2018, 3:25 am by Lyle Denniston
Tuesday, by his choice, is the last day of Justice Anthony M. [read post]
27 Jul 2018, 7:51 am by Amy Howe
Since Justice Anthony Kennedy announced his plans to retire, analysis of the potential effects of his retirement has mostly focused on areas of the law in which he provided the swing vote for a more liberal result – for example, abortion or gay rights. [read post]
25 Jul 2018, 6:32 am by Amy Howe
Late last week Judge Brett Kavanaugh, President Donald Trump’s nominee to succeed the retiring Justice Anthony Kennedy, returned the questionnaire given to him by the Senate Judiciary Committee. [read post]
19 Jul 2018, 7:30 am
With his selection of Judge Brett Kavanaugh to fill Justice Anthony Kennedy’s seat on the United States Supreme Court, President Donald Trump has the opportunity to alter the makeup of the Court for generations — and to place it far to the right of the American public. [read post]
13 Jul 2018, 9:02 am by Steve Lubet
” (Bauman is an openly gay Orthodox Jew.) [read post]
12 Jul 2018, 5:06 am by Edith Roberts
” At Bloomberg Law, Madison Alder reports that Kavanaugh “would likely continue Justice Anthony Kennedy ‘s legacy of siding with the conservative justices in labor, employment, and benefits cases, though he may diverge from his predecessor’s views on gay bias. [read post]
11 Jul 2018, 9:01 pm by Neil H. Buchanan
If he really cared about his most important work not being undone by his successor, then he would most definitely not have been willing to retire now—unless, that is, he views his votes and opinions on gay rights and women’s bodily integrity to be unimportant parts of his legacy.Now it is true that Kennedy might simply have decided that it was time to quit for his own personal reasons. [read post]
11 Jul 2018, 9:00 pm by Rodger Citron
As we head into the confirmation hearings for Justice Anthony Kennedy’s replacement on the Supreme Court, something of a consensus has formed about his legacy. [read post]
11 Jul 2018, 8:05 am by Andrew Hamm
In an op-ed for Boston Globe, Jeff Jacoby also argues that Kavanaugh should be forthcoming with senators – as, he says, Justice Anthony Kennedy was. [read post]
9 Jul 2018, 7:16 pm by Lyle Denniston
It is a certainty that the Court will be facing new cases on gay rights, including whether federal civil rights laws against sex discrimination do protect gays and lesbians. [read post]
7 Jul 2018, 12:29 pm by Amy Howe
Court of Appeals for the 6th Circuit and later at the Supreme Court, clerking for Justice Anthony Kennedy. [read post]
5 Jul 2018, 4:15 am by Edith Roberts
For the Associated Press, Catherine Lucey and others report that President Donald Trump has now spoken with seven candidates for Justice Anthony Kennedy’s soon-to-be-vacant seat and that “Vice President Mike Pence has met with some of the contenders” as well. [read post]
4 Jul 2018, 8:48 am by Walter Olson
Among the topics discussed: the gay rights cases, Kennedy’s change of tune on enumerated powers, and his authorship of Citizens United. [read post]
3 Jul 2018, 4:29 pm by Pratheepan Gulasekaram
In his reflection on Justice Anthony Kennedy, Harvard Law School professor Jack Goldsmith suggests that three principles animated Kennedy’s landmark opinions: dignity, capacious liberty from government interference and a robust conception of judicial power. [read post]
3 Jul 2018, 1:15 pm
The first case I litigated before Justice Anthony Kennedy, who announced his retirement on June 27 after more than 30 years on the Supreme Court, was Texas v. [read post]