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11 Jan 2016, 5:00 am
Good (2008) 555 U.S. 70 (2008) (dissenting opinion) – all joined by Roberts, CJ, and Scalia, Thomas & Alito, JJ.] [read post]
6 Jan 2016, 8:54 am
Two Terms ago, Justice Antonin Scalia – joined by Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito – opined in a concurring opinion that the courts should not create “an entirely separate, abridged edition of the First Amendment applicable to speech against abortion. [read post]
23 Dec 2015, 8:14 am
The line-up at the time looked like this on SCOTUS — and it’s tough to miss the homogenous nature of the Harvard/Yale lineup: Chief Judge John Roberts: Harvard Law School Antonin Scalia: Harvard Law School Anthony Kennedy: Harvard Law School Clarence Thomas: Yale Law School Ruth Bader Ginsburg: Harvard Law School Stephen Breyer: Harvard Law School Samuel Alito: Yale Law School Sonia Sotomayor: Yale Law School Elena Kagan: Harvard Law School But it… [read post]
23 Dec 2015, 4:04 am
(Justice Thomas dissented. [read post]
21 Dec 2015, 1:25 pm
On December 21, 2015, Governor Andrew M. [read post]
17 Dec 2015, 6:48 pm
Justice Thomas filed a dissenting opinion. [read post]
13 Dec 2015, 6:53 pm
Kennedy issued an executive and provided financing for it. [read post]
13 Dec 2015, 8:56 am
Here is one possible source of relevance, per James Taranto’s discussion: “Kennedy, unlike Scalia and Thomas, endorsed [in an earlier university racial preference case] the premise that those benefits [specifically, educational benefits obtainable from greater diversity] constitute a “compelling interest” that would justify preferences if the other components of the strict-scrutiny test can be met. [read post]
11 Dec 2015, 7:46 am
Anthony Kennedy, published in the Green Bag. [read post]
10 Dec 2015, 9:01 pm
Expected swing Justice Anthony Kennedy seemed generally to side with the more conservative folks (as he does in most race cases). [read post]
10 Dec 2015, 7:31 am
Kennedy tells Rein fairly early. [read post]
9 Dec 2015, 11:47 am
Alito, Jr., Antonin Scalia, and Clarence Thomas. [read post]
8 Dec 2015, 7:22 pm
For the tribe, Neal Katyal did in the first instance what Kennedy had to urge Goldstein to do: put the broadest argument out on the table right away. [read post]
8 Dec 2015, 3:55 am
Justice Kennedy’s repeated mantra that Indian tribes are, in his words, “nonconstitutional”, is the strongest evidence of a lack of judicial discipline (he and Justice Thomas I believe have used the phrase “extra constitutional” in opinions past). [read post]
2 Dec 2015, 1:34 pm
Justice Kennedy wrote the majority ruling, joined by Justices Scalia and Thomas. [read post]
2 Dec 2015, 7:08 am
As examples of principled conservative justices he’d model his nominees after, Cruz cited Scalia, Clarence Thomas, William Rehnquist, and Samuel Alito. [read post]
1 Dec 2015, 7:16 pm
While Jaffe (a former clerk to Justice Thomas) gamely refused to concede it (responding that it is “not entirely correct”), no Justice suggested any doubt about it. [read post]
1 Dec 2015, 2:48 am
United States, with Ben Rosales and Thomas Nomura Kim providing Cornell’s preview. [read post]
23 Nov 2015, 7:32 am
Chloe Kennedy, University of Edinburgh School of Law, is published 'Ungovernable Feelings and Passions': Common Sense Philosophy and Mental State Defences in Nineteenth Century Scotland in volume 20 of the the Edinburgh Law Review (2016). [read post]
22 Nov 2015, 12:30 am
Martin's Press) and Economic Rules: The Rights and Wrongs of the Dismal Science by Dani Rodrik (Norton & Co.).These United States: A Nation in the Making, 1890-Present by Glenda Gilmore and Thomas Sugrue (Norton & Co) also gets reviewed by David Kennedy in the NYT. [read post]
