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16 Nov 2015, 9:07 pm by Steve Vladeck
Nor is there any argument that the current Court might not follow Truax; Justice Kennedy cited it with approval three years ago in the substantively similar decision in Arizona v. [read post]
16 Nov 2015, 8:40 am by Jeff Redding
  Indeed, one way of seeing this decision of hers is to view it as Kim Davis simply offering a different remedy for the Equal Protection and Due Process violations identified by Justice Anthony Kennedy in his majority Obergefell opinion concerning the discriminatory nature of marriage. [read post]
15 Nov 2015, 4:36 am by SHG
After all, it’s not like you’re ever going to find yourself in the dock, with the government claiming you’re living high off the profits of crime. [read post]
12 Nov 2015, 5:46 am by David DePaolo
"The Court recognized that economic forces themselves may create conflict between employers and workers, who by strict definition do not have a proximate employment relationship," Kennedy summarizes. [read post]
11 Nov 2015, 9:44 am by Ronald Mann
 Justice Anthony Kennedy interjected, “So you took your position [here] because of Great-West? [read post]
11 Nov 2015, 2:41 am by Amy Howe
 Kennedy asked Dreeben to explain what limits the law puts on the government’s ability to freeze assets. [read post]
7 Nov 2015, 10:01 pm by Dan Flynn
Most Americans return sounding like “the prison island of Cuba” — as President Kennedy called it — has transformed itself into the land of milk and honey. [read post]
5 Nov 2015, 10:00 am by David M. Ward
I belonged to The Kennedy Coin Club, where I where I met with other collectors to buy, sell, and trade. [read post]
4 Nov 2015, 1:22 pm by Amy Howe
  When Roberts later repeated, somewhat plaintively, that “if you’re there for twenty years, you should be able to buy a book,” Saharsky reminded him that prisons also maintain libraries. [read post]
4 Nov 2015, 6:18 am by Evan Lee
If they’re worried about the abuse of children, why would they not capture every conceivable person or every conceivable abusive act toward kids? [read post]
3 Nov 2015, 8:53 am by Wystan Ackerman
Justice Sotomayor, however, took the view that “I think the breach of any legal right you’re given . . . gives Article III jurisdiction” and “[t]here is a difference between that and whether you’re within the zone of interest of a statute. [read post]
3 Nov 2015, 8:53 am by Wystan Ackerman
Justice Sotomayor, however, took the view that “I think the breach of any legal right you’re given . . . gives Article III jurisdiction” and “[t]here is a difference between that and whether you’re within the zone of interest of a statute. [read post]
3 Nov 2015, 8:53 am by Wystan Ackerman
Justice Sotomayor, however, took the view that “I think the breach of any legal right you’re given . . . gives Article III jurisdiction” and “[t]here is a difference between that and whether you’re within the zone of interest of a statute. [read post]
28 Oct 2015, 6:02 am
I'd have loved to have heard a more spontaneous dialogue between Kennedy and the student that began, perhaps, with Kennedy's saying: "Here's why I think your question is unfair: You're using words like 'rational norms' as if the official is looking, scientifically, at the facts, but I think you're really talking about religious beliefs and moral compulsions imposed not by reason and facts but by God. [read post]
27 Oct 2015, 1:33 pm by Margaret Wood
I recently re-read one of my favorite childhood books, Karen by Marie Killilea. [read post]
26 Oct 2015, 5:57 am by Staci Zaretsky
Well, at least they're good at one thing, right? [read post]