Posts filtered by tags: Anthony Kennedy[x]


Opinion analysis: Hyatt fulfills expectations in a surprising way

In an already familiar 5-4 lineup, the Supreme Court has overruled Nevada v. Hall, which for 40 years has stood for the proposition that states generally lack sovereign immunity in one another’s courts. The new decision vindicates a legal position long held by conservatives, but it appears to endorse a loose approach to finding structural principles in the Constitution. The ruling also adopts a less than exacting view of stare decisis — hardly surprising for Justice Clarence Thomas, who wrote th...
Tags: Featured, Supreme Court, Law, California, Planned Parenthood, Time, Court, Georgia, Tennessee, Connecticut, Nevada, States, Hall, Hyatt, Marshall, Thomas

The Kavanaugh Rehabilitation Tour Continues With A Dumbfounded Anthony Kennedy

Supreme Court Justice Brett Kavanaugh spoke before a friendly audience, without screaming or crying this time.
Tags: Supreme Court, Law, Uncategorized, Courts, Anthony Kennedy, Brett Kavanaugh

SCOTUS Map: March and April 2019

Justice Clarence Thomas, who turns 71 this year, dismissed talk of his retirement from the Supreme Court during an appearance at Pepperdine University School of Law’s Annual Dinner on March 30. “I’m not retiring,” he declared in response to a question about his hypothetical retirement party years down the line. “You’re not going to argue with me,” the moderator, incoming Pepperdine University president James A. Gash, joked. “I know, but I’m not retiring,” Thomas reiterated. “Twenty years?” “No...
Tags: Featured, Supreme Court, Law, Abc, Washington, Cnn, University of Oxford, Kennedy, Pepperdine University, Thomas, Alito, Stephen Breyer, Breyer, Duke Law School, Clarence Thomas, Samuel Alito

Supreme Court to hear 3 cases on LGBT workplace discrimination

The Supreme Court will decide whether the Civil Rights Act of 1964 also applies to gay and transgender people.The court, which currently has a probable conservative majority, will likely decide on the cases in 2020. Only 21 states and the District of Columbia have passed laws effectively extending the Civil Rights of 1964 to gay and transgender people. None The Supreme Court announced on Monday plans to hear three cases that will help decide the future of workplace rights for gay and transgender...
Tags: Sixth Circuit, Supreme Court, Law, Government, Lgbt, Atlanta, Policy, Gay, Innovation, Michigan, District Of Columbia, Kennedy, Cincinnati, Anthony Kennedy, United States Court of Appeals, Trump Administration

Empirical SCOTUS: Advocates who drive the justices’ votes

Scholars of the Supreme Court often debate the role of lawyers in Supreme Court decision-making. For an attitudinalist, the justices’ preferences make all (or at least most of) the difference. According to this theory, justices will often vote based on their preferred policy direction, which minimizes the role of advocacy. More recent studies show that such a view, however, might obscure the impact lawyers have on Supreme Court output. Surprisingly, these two views are not necessarily mutually e...
Tags: Supreme Court, Law, Stanford, Michigan, Hogan Lovells, Kennedy, Jenner, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Bancroft, Scalia, Roberts, Gibson, Neal Katyal

New rules mean tighter deadlines, fewer words

The Supreme Court issued revisions to its rules today. The changes largely mirror the amendments proposed late last year, with one notable exception: Although the justices reduced the word limits for opening briefs on the merits, they left the existing word limits for reply briefs in place. Changes to two rules – Rules 14.1 and 15.2 – require the parties to a case before the Supreme Court to identify any lower-court cases that are directly related to the Supreme Court proceedings. This change, a...
Tags: Featured, Justice, Supreme Court, Law, Court, Kennedy, U S Court of Appeals, Anthony Kennedy, What's Happening Now

Lawyers, guns and vagueness: how will SCOTUS look to get out of this Johnson mess?

With apologies to the late great Warren Zevon, I cannot help but riff on the all-time greatest song with lawyers as the first word of its title as I think about the Supreme Court's scheduled oral argument this morning in United States v. Davis.  Over at SCOTUSblog, Leah Litman has this extended preview of the argument under the title "Who’s afraid of the categorical approach?," and it provides some context for my pop-culture reference:  Davis is the latest in a string of cases stemming from Joh...
Tags: Supreme Court, Law, United States, Davis, Johnson, Roberts, Alito, Warren Zevon, Anthony Kennedy, Kavanaugh, Davis Davis, ACCA, Gorsuch, Douglas A Berman, Dimaya, Bloomberg Law

Abortion providers ask Supreme Court to take up appeal

In early February, the Supreme Court put a temporary hold on a Louisiana law that requires doctors who perform abortions in the state to have the authority to admit patients at a nearby hospital. Chief Justice John Roberts joined the court’s four more liberal justices in granting a request from abortion providers to bar the state from enforcing the law until the providers could file a petition for review of a ruling by the U.S. Court of Appeals for the Fifth Circuit upholding the law. That petit...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Scalia, Howe, Anthony Kennedy, U S Court of Appeals for the Fifth Circuit, 5th Circuit, Cases in the Pipeline, What's Happening Now, Brett Kavanaugh

Ask the author: “Mr. Everything” – Joan Biskupic on Chief Justice John Roberts

The following is a series of questions posed by Ronald Collins to Joan Biskupic about Biskupic’s book “The Chief: The Life and Turbulent Times of Chief Justice John Roberts” (Basic Books, 2019, 432 pp., cloth: $32.00). Joan Biskupic is a legal analyst at CNN and the author of three previous biographies of Supreme Court justices. She has also served as the Supreme Court correspondent for The Washington Post and USA Today. Welcome Joan, and thank you for taking the time to participate in this qu...
Tags: Featured, Supreme Court, Law, Washington Post, Boston, Court, Book Reviews, America, Barack Obama, Reagan, Cnn, Harvard, Citizens United, Arizona, Republican, Usa Today

Argument preview: Who’s afraid of the categorical approach?

Next Wednesday, the Supreme Court will hear argument in United States v. Davis. Davis is the latest in a string of cases stemming from Johnson v. United States, the 2015 decision invalidating the Armed Career Criminal Act’s residual clause (Section 924(e)(2)) as unconstitutionally void for vagueness. ACCA imposes additional punishment on certain individuals convicted of being a felon in possession of a firearm. That crime typically carries a maximum of 10 years’ imprisonment. ACCA imposes a 15-y...
Tags: Featured, Supreme Court, Law, United States, Davis, Johnson, Thomas, Alito, Dean, Stephen Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, Anthony Kennedy, Davis Davis, United States the Supreme Court

Argument preview: Justices to consider constitutionality of banning trademark registration for immoral and scandalous marks

Trademark law is a consumer protection mechanism. It promotes fair competition by preventing consumer confusion and deception in the marketplace, and incentivizes producers to develop goodwill in their goods and services. Trademark rights begin with use of a mark in commerce, and registration with the U.S. Patent and Trademark Office is not necessary. However, significant rights accrue from registration, such as a presumptive right of validity, constructive nationwide rights, the potential for...
Tags: Featured, Supreme Court, Law, Uspto, Tam, U S Patent and Trademark Office, Anthony Kennedy, Federal Circuit, U S Court of Appeals for the Federal Circuit, Brunetti, Trademark Trial and Appeal Board, Ttab, Merits Cases, Iancu, Natas Kaupas, Matal

Empirical SCOTUS: Is Kavanaugh as conservative as expected?

On Monday, April 1, 2019, the Supreme Court decided the case Bucklew v. Precythe, with the five conservative justices in the majority and the four liberals in dissent. To some, including legal scholar and CNN analyst Steve Vladeck, this ruling ushered in a new conservative court without the moderating anchor of Justice Anthony Kennedy. Going even further, Slate’s Mark Joseph Stern referred to the decision as “beyond appalling,” while Think Progress’ Ian Millhiser described it as “the most bloodt...
Tags: Supreme Court, Law, Cnn, United States, Davis, Nielsen, Smith, Donald Trump, Ruth Bader Ginsburg, Delaware, Kennedy, Sanders, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts

Wednesday round-up

Ariane de Vogue reports at CNN that Monday’s decision in Bucklew v. Precythe, in which the court voted 5-4 to reject a death-row inmate’s argument that, because he suffers from a rare medical condition, executing him by lethal injection would be so painful that it would violate the constitution’s ban on cruel and unusual punishment, reveal that “[t]he justices are still bitterly divided over the execution of Domineque Ray, who claimed his religious rights were violated because he could not have ...
Tags: New York, Supreme Court, Law, Congress, Court, America, Cnn, Economist, Securities And Exchange Commission, Trump, Round-up, Steven Mazie, Department of Commerce, Anthony Kennedy, Lorenzo, Wilkie

Opinion analysis: Divided court rejects lethal-injection challenge by inmate with rare medical condition

Today the Supreme Court rejected a claim by a death-row inmate that executing him by lethal injection would violate the Constitution’s ban on cruel and unusual punishment because of the likelihood that he could wind up choking on his own blood. By a vote of 5-4, the court cleared the way for Russell Bucklew’s execution, in an opinion that at times revealed bitter divides among the justices. The case was not a broad challenge to the use of lethal injection as a method of execution for all prisone...
Tags: Featured, Supreme Court, Law, Alabama, Missouri, Muslim, Louisiana, Oklahoma, Kennedy, Sonia Sotomayor, Howe, Sotomayor, Stephen Breyer, Breyer, Clarence Thomas, Anthony Kennedy

Argument analysis: Justices divided and hard to read on partisan gerrymandering

Today the Supreme Court heard oral argument in a pair of cases that could prove to be among the most consequential of the term. The cases involve allegations that state officials engaged in unconstitutional partisan gerrymandering – that is, they went too far in taking politics into account – when they drew election maps in North Carolina and Maryland. After over two hours of debate this morning, there were clear divides among some of the justices, but it was much less clear how the court is lik...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Court, Pennsylvania, Wisconsin, Republican, North Carolina, Paul Clement, Steven, John Roberts, Roberts, Howe, Sullivan

Argument analysis: Justices navigating between different precedential paths on punitive damages for maritime personal injury

The Supreme Court heard oral argument yesterday in The Dutra Group v. Batterton, a maritime case that asks whether a Jones Act seaman can recover punitive damages in a personal-injury suit based on the unseaworthiness of a vessel on which he was working. Seven of the justices questioned one or both attorneys but, with a few exceptions, did not clearly signal a likely inclination. The argument did suggest that some division is likely. Not only does the issue involve a split among various circuit ...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Ruth Bader Ginsburg, Miles, Sonia Sotomayor, Antonin Scalia, John Roberts, Roberts, Townsend, Ginsburg, Waxman, Alito, Sotomayor

Tuesday round-up

This morning the court will hear oral arguments in two partisan-gerrymandering cases. First up is Rucho v. Common Cause, a challenge to North Carolina’s federal congressional map, adopted by the state’s Republican-controlled legislature in 2016. Connor O’Neill previews the case for Cornell Law School’s Legal Information Institute. This morning’s second argument is in Lamone v. Benisek, in which Republican voters are challenging a single Maryland congressional district. Matt Farnum and Trevor O’B...
Tags: Maryland, Supreme Court, Law, Court, New York Times, Federal Communications Commission, Npr, Nielsen, North Carolina, Kevin Johnson, Cornell, Economist, Round-up, Lyle Denniston, Howe, Adam Liptak

A “view” from the courtroom: From the Federal Register to the Stanley Cup

Today the Supreme Court will hear arguments in two cases, including one in which the justices will have some fun with the Federal Register, the dry, daily publication that lists proposed and final regulations. After arguments, the justices will move immediately to their private conference room, not to discuss cases but to spend a few minutes with the Stanley Cup, the venerable trophy for professional hockey. Glenn L. Hara for respondent (Art Lien) This is a big week for partisan gerrymande...
Tags: Post, Featured, Fcc, Supreme Court, Law, Washington Post, Washington, White House, New York City, United States, Bob, NHL, Major League Baseball, National Hockey League, Paul Clement, Federal Register

Monday round-up

This morning the court begins the second week of the March sitting with two oral arguments. First up is PDR Network, LLC v. Carlton & Harris Chiropractic Inc., which asks whether the Hobbs Act, a jurisdictional-channeling statute, requires courts to accept the Federal Communications Commission’s interpretation of a statute allowing recipients of “junk faxes” to sue the senders for damages. Christopher Walker previewed the case for this blog. Luís Lozada and Isaac Syed have a preview at Cornell L...
Tags: Mississippi, Maryland, Supreme Court, Law, Washington Post, Bloomberg, Ford, Federal Communications Commission, Nielsen, North Carolina, Flowers, Patterson, Cornell, South, Walgreen, Round-up

Empirical SCOTUS: Is the court tracking right or Roberts left?

Although Supreme Court justices’ votes are not purely the product of ideological preferences, some of the most important cases the justices decide come down to 5-4 splits along ideological lines. This was during the 2017 Supreme Court term. Even though Chief Justice John Roberts was in the conservative camp for many of these split decisions last term, he voted with the court’s liberals in Artis v. District of Columbia and authored the majority opinion, which was joined by the court’s liberal j...
Tags: Supreme Court, Law, United States, District Of Columbia, Thomas, John Roberts, Roberts, Roberts Court, Alito, Carpenter, William Rehnquist, Shelby County, Samuel Alito, Anthony Kennedy, Artis, Sandra Day O'Connor

Argument preview: Justices to tackle important agency-deference question

Editor’s Note: An earlier version of this post ran on January 28, 2019, as an introduction to this blog’s symposium on Kisor v. Wilkie, as well as at Howe on the Court, where it was originally published. Next week the Supreme Court will hear oral argument in Kisor v. Wilkie, which arises from a dispute over benefits for a Marine who served in the Vietnam War. Although it may sound dry, the case could be one of the most consequential of the term, because the justices will decide whether to over...
Tags: Featured, Supreme Court, Law, Congress, Court, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, APA, John Roberts, Scalia, Howe, Clarence Thomas

Argument preview: Justices to tackle partisan gerrymandering … again

Editor’s Note: An earlier version of this post ran on February 4, 2019, as an introduction to this blog’s symposium on Rucho v. Common Cause and Lamone v. Benisek, as well as at Howe on the Court, where it was originally published. Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. Bu...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Court, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case

The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into relatively esoteric doctrinal areas, requiring the court to determine its proper judicial role as well as to make appropriate substantive choices. This term’s second admiralty excursion, The Dutra Group v. Batterton, presents another such occasion. On M...
Tags: Featured, Supreme Court, Law, Congress, Circuit, Dutra, Miles, Antonin Scalia, John Roberts, 9th Circuit, Townsend, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Samuel Alito, Anthony Kennedy

Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a g...
Tags: New York, Mississippi, Supreme Court, Law, Washington Post, America, Bloomberg, House, New York Times, Npr, Louisiana, North Carolina, Flowers, Smith, The Washington Post, Cornell

SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg

Empirical SCOTUS: Who’s in the majority?

Although few people ever have the opportunity of sitting on the Supreme Court, some similarities exist between this upper echelon of judging and other jobs. One parallel has to do with job satisfaction. Judges who make it all the way to the Supreme Court should feel accomplished and contented because of their achievements, but there also must be at least a continuum of job satisfaction among the justices. That is not to say that any justice necessarily dislikes the job, just that they may not en...
Tags: Supreme Court, Law, Austin, Ruth Bader Ginsburg, Kennedy, Douglas, Thomas, Antonin Scalia, John Roberts, Fisher, Roberts, William Rehnquist, Clarence Thomas, Burwell, Anthony Kennedy, William Douglas

Symposium: In the Louisiana abortion case, maybe the best defense is a good offense

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University. He blogs at . Chief Justice John Roberts surprised some observers when he joined his four more liberal colleagues to grant a stay of the decision by the U.S. Court of Appeals for the 5th Circuit in . The stay blocked Louisiana’s law requiring doctors performing abortions to have admitting privileges at local hospitals. The petitioners argued that the Louisiana law was substantially similar to the Tex...
Tags: Health, Texas, Featured, Supreme Court, Law, Senate, Court, Mitch McConnell, Nebraska, Knox, Louisiana, SEIU, Cornell University, Trump, Antonin Scalia, John Roberts

Abortion could return to the Supreme Court: In Plain English

In 2016, Justice Anthony Kennedy provided the fifth vote to strike down a Texas law that required doctors who perform abortions to have “admitting privileges” – the right to admit patients – at a local hospital. But Kennedy retired last year. So when two doctors who perform abortions, along with an abortion clinic, came to the Supreme Court in January, asking the justices to bar Louisiana from enforcing a similar law, many court-watchers saw the case as a bellwether for the Supreme Court’s abort...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Roberts, Howe, Anthony Kennedy, Kavanaugh, Merits Cases, Supreme Court They, Brett Kavanaugh, Clarence Thomas Samuel Alito Neil Gorsuch

Argument preview: Justices to consider whether First Amendment applies to public-access channels

Next week the Supreme Court will hear oral argument in a case involving free speech and public-access television channels. Although the issue may sound somewhat obscure, internet giants like Facebook and YouTube are paying close attention, fearing that the court’s ruling could have ripple effects that limit their ability to control their content. The First Amendment provides that “Congress shall make no law” restricting freedom of speech. Through the 14th Amendment, the First Amendment also ap...
Tags: Google, Facebook, Twitter, New York, Featured, Supreme Court, Law, Congress, Youtube, Hawaii, Federal Communications Commission, Manhattan, Rhode Island, Howe, U S Court of Appeals, Anthony Kennedy

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