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27 Jan 2023, 12:20 pm by Lawrence Solum
  For a somewhat different take from the perspective of Public Meaning Originalism, see Originalism after Dobbs, Bruen, and Kennedy: The Role of History and Tradition. [read post]
9 Jan 2023, 5:33 pm by Elaine Hou
Many thanks to Cato Research Fellow Thomas Berry, and colleagues Nicholas DeBenedetto and David Meyer-Lindenberg, for their help thinking through these issues [read post]
3 Jan 2023, 5:00 am by Timothy Bonis
But Chief Justice Roberts joined Justices Thomas and Scalia in dissent against Oregon, leaving only the Democratic appointees and the long-departed swing justices O’Connor and Kennedy in support of the kind of Commerce Clause interpretation needed for radical federal involvement in medical licensure. [read post]
19 Dec 2022, 4:00 am by Eric Segall
Kennedy prayed during a period when school employees were free to speak with a friend, call for a reservation at a restaurant, check email, or attend to other personal matters. [read post]
17 Dec 2022, 9:05 pm by Guest Author
McDonough, multiple recent and current justices have critiqued the doctrine, including Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Gorsuch, and Kavanaugh. [read post]
16 Dec 2022, 4:57 am by Emma Snell
  The government yesterday released a fresh trove of documents related to the assassination of former President Kennedy. [read post]
13 Dec 2022, 9:01 pm by Joanna L. Grossman
More than a quarter century after passing it, Congress has repealed the Defense of Marriage Act (DOMA). [read post]
12 Dec 2022, 1:18 pm by bndmorris
Higdon, LGBTQ Youth and the Promise of the Kennedy Quartet, 43 Cardozo L. [read post]
12 Dec 2022, 11:52 am by Unreported Opinions
Estates and trusts — Administrative account — Exceptions Appellant Thomas F. [read post]
6 Dec 2022, 4:00 am by Michael C. Dorf
At one point, Justice Thomas asked whether the public accommodations laws of centuries past applied "to speech . . . or expressive conduct. [read post]
4 Dec 2022, 9:01 pm by Austin Sarat
Edward Kennedy that he respected the precedent of Roe v. [read post]
24 Nov 2022, 9:07 am by Russell Knight
” In re Marriage of Kennedy, 418 NE 2d 947 – Ill: Appellate Court, 1st Dist. 1981 Business interests acquired AFTER the marriage but where purchased by assets which were acquired BEFORE the marriage may retain their non-marital character. [read post]
21 Nov 2022, 4:44 pm by Adam White
” (The seat, he explained elsewhere, went to future Justice Anthony Kennedy.) [read post]
17 Nov 2022, 6:30 am by Guest Blogger
(Here I distinguish the preservative conservativism of Justices Harlan, the early Blackmun, Powell, O’Connor, Kennedy, and Souter from the counter-revolutionary or movement conservatism of Justices Scalia, Thomas, and Alito.) [read post]
15 Nov 2022, 4:00 am by Michael C. Dorf
The Greenhouse effect was after all, based on the hypothesis that the likes of Sandra Day O'Connor and Anthony Kennedy cared what Linda Greenhouse wrote about them in The New York Times.Both sentiments expressed by Justice Thomas were well justified and have proven true over time. [read post]