Posts filtered by tags: Anthony Kennedy[x]


Symposium: Clarity of the record should bring clarity of purpose

Justin Levitt is a professor at Loyola Law School, Los Angeles; he runs the website “All About Redistricting.” Partisan gerrymandering is back. There are two cases before the Supreme Court this term: a Democratic gerrymander in Maryland and a Republican gerrymander in North Carolina. The cases are different – and though neither is perfect, the basic problem of partisan political entrenchment is unlikely to be presented more cleanly. The evidentiary record in each case is firmly turned up to 11. ...
Tags: Featured, Maryland, Supreme Court, Law, Kentucky, City, North Carolina, Kennedy, Cox, Gill, Riviera Beach, Anthony Kennedy, Thurgood Marshall, Tarheel, Justin Levitt, Larios

Doesn't the FIRST STEP Act add juice to Eighth Amendment challenge to extreme stacked 924(c) sentence in Rivera-Ruperto?

The question in the title of this post is prompted by the interesting intersection of an important sentencing reform in the new FIRST STEP Act and an important Eighth Amendment case that I have had my eye on for some time  finally getting before the Supreme Court.  Let me explain, starting with the FIRST STEP provision. For those particularly concerned about extreme mandatory minimum sentences, Section 403 of the FIRST STEP Act is a heartening overdue change to federal sentencing law.  This prov...
Tags: Supreme Court, Law, Congress, Court, Fbi, United States, Kennedy, First Circuit, Rivera, Barron, Anthony Kennedy, David Barron, Douglas A Berman, US Sentencing Commission, Paul Cassell, Weldon Angelos

Justices grant stay, block Louisiana abortion law from going into effect

In June 2016, an eight-member Supreme Court struck down a Texas law that required doctors who perform abortions to have the authority to admit patients at a local hospital. The makeup of the court has changed significantly since then: In 2017, Justice Neil Gorsuch was confirmed to replace the late Justice Antonin Scalia, who died a few weeks before the Texas case was argued, and Justice Anthony Kennedy retired in 2018 and was replaced by Justice Brett Kavanaugh. But although the court by most me...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Howe, Alito, U S Court of Appeals, Samuel Alito, Anthony Kennedy, Kavanaugh, 5th Circuit, What's Happening Now

Symposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases

Guy-Uriel E. Charles is the Bennett Boskey Visiting Professor of Law at Harvard Law School and Edward and Ellen Schwarzman Professor of Law at Duke Law School. Luis E. Fuentes-Rohwer is Professor of Law and Harry T. Ice Faculty Fellow at Indiana University Bloomington Maurer School of Law. In Lamone v. Benisek, a three-judge federal district court in Maryland concluded that Maryland Democrats intentionally moved 66,000 Republican voters out of Maryland’s Sixth Congressional District in order to ...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Green, Tennessee, North Carolina, Edward, Baker, White, Carr, Harvard Law School, Maryland Democrats, Sims, Reynolds

Symposium: How to win the partisan gerrymandering cases

Daniel Tokaji is Associate Dean for Faculty and Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law at The Ohio State University Michael E. Moritz College of Law. No one said this would be easy. For decades, critics of partisan gerrymandering have been knocking on the U.S. Supreme Court’s door, seeking a ruling that extreme gerrymanders violate the U.S. Constitution. Even as the problem has worsened, the court has refused to open that door – though it hasn’t locked...
Tags: Featured, Maryland, Supreme Court, Law, Indiana, Pennsylvania, Williams, Wisconsin, Courts, Ohio, North Carolina, Kennedy, Anderson, Rhodes, Sonia Sotomayor, U S Supreme Court

Symposium: Why not continue the political struggle in partisan-gerrymandering cases?

Derek Muller is an associate professor of law at the Pepperdine University School of Law. “In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people’s representatives.” So wrote Justice Felix Frankfurter in his dissenting opinion in Baker v. Carr in 1962. It was, of course, a dissent. A majority of the Supreme Court in short order reorganized state legislatures according to its own understanding of fair representation — that...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, California, Massachusetts, Indiana, Arizona, Davis, Wisconsin, North Carolina, Baker, Carr, Democratic

Justices to tackle partisan gerrymandering … again: In Plain English

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. But in March, the Supreme Court will hear oral argument on whether state officials can go too far, so that they actually violate the Constitution, when they draw maps that favor one political party at another’s expense. And with the r...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts, Fayetteville

Empirical SCOTUS: Looking back to assess the potential future of oral arguments

Over the past several years the Supreme Court has undergone substantial change. Not only has the face of the court shifted, but so has its center, with the departure of Justice Anthony Kennedy. Oral arguments offer the only vantage point into the interactions and dynamics between the justices and provide some context for how they might vote, along with possible voting coalitions. Through this lens we can get a sense of how these changes affected existing and newly appointed justices. This situat...
Tags: Supreme Court, Law, United States, Wyoming, Ruth Bader Ginsburg, Kennedy, Antonin Scalia, Ward, John Roberts, Roberts, Gamble, Ginsburg, Alito, Lambert, Sotomayor, Stephen Breyer

Justices asked to enter abortion fray (Updated)

[UPDATE: On January 29, Justice Samuel Alito directed the state to file a response to the challengers’ request by 3 p.m. on Thursday, January 31. ] The hot-button issue of abortion returned to the Supreme Court today. Two doctors who perform abortions and an abortion clinic asked the justices to block a lower-court ruling that upheld a Louisiana law that, according to a federal trial court, would leave “only one physician providing abortion in the entire state.” The challengers – which would m...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Howe, Roberts Court, U S Court of Appeals, Samuel Alito, Anthony Kennedy, 5th Circuit, What's Happening Now, Louisiana Alito

Justices asked to enter abortion fray

The hot-button issue of abortion returned to the Supreme Court today. Two doctors who perform abortions and an abortion clinic asked the justices to block a lower-court ruling that upheld a Louisiana law that, according to a federal trial court, would leave “only one physician providing abortion in the entire state.” The challengers – which would mean that the state could not enforce the law – to give them time to file a petition for review; the justices’ ruling on today’s request could tell u...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Howe, Roberts Court, U S Court of Appeals, Samuel Alito, Anthony Kennedy, 5th Circuit, What's Happening Now, Louisiana Alito

Justices to tackle important agency-deference question: In Plain English

This spring the Supreme Court will hear oral argument in Kisor v. Wilkie, a case that 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 ones of the term, because the justices will decide whether to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation – a doctrine sometimes known as “Auer deference.” The Supreme Court’s ruling could have a si...
Tags: Featured, Supreme Court, Law, Congress, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, John Roberts, Scalia, Howe, Clarence Thomas, Samuel Alito, Anthony Kennedy

Ask the authors: The Supreme Court and the law of and for elites

The following is a series of questions posed by Ronald Collins to Neal Devins and Lawrence Baum on the occasion of the publication of their book “The Company They Keep: How Partisan Divisions Came to the Supreme Court” (Oxford University Press, 2019, 272 pp., cloth: $29.95). Neal Devins is the Sandra Day O’Connor Professor of Law at the College of William and Mary. Lawrence Baum is an emeritus professor of political science at Ohio State University. Welcome, Neal and Lawrence, and thank you fo...
Tags: Featured, Supreme Court, Law, Obama, Congress, White House, Book Reviews, Ronald Reagan, Arizona, William, Republican, Kerry, Donald Trump, Miranda, Fdr, East Bay

Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg

"Sources confirmed to Fox News that the White House has quietly reached out to a small number of GOP lawmakers and conservative legal advocates, reassuring them it would be ready for any court vacancy."

"Under new White House Counsel Pat Cipollone, a ready list of top-tier candidates is being updated. The low-key, unofficial heads-up is similar to when rumors of Justice Anthony Kennedy's retirement were rampant in 2017 and 2018. He announced last June he would leave the court."From "Ginsburg absence shakes court: White House makes preparations, coming weeks seen as key" (Fox News). [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, White House, Gop, Fox News, Ginsburg, Anthony Kennedy, Ann Althouse, Pat Cipollone

Opinion analysis: Kavanaugh’s first opinion rejects vague exception limiting enforcement of arbitration agreements

The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal Arbitration Act, in which the Supreme Court consistently has reversed lower-court decisions refusing to enforce arbitration agreements. Many of those cases have been decided by narrow 5-4 majorities, which has raised the possibility that the ...
Tags: Featured, Supreme Court, Law, Henry Schein, The Supreme Court, Henry Schein Inc, Anthony Kennedy, Kavanaugh, Varela, Oliveira, Merits Cases, Lamps Plus, Brett Kavanaugh, New Prime Inc, Archer White Sales Inc, Kennedy Supreme Court

Supreme Court to tackle partisan gerrymandering again

Less than six months after sidestepping a ruling on partisan gerrymandering, the justices announced this afternoon that they will once again wade into the thorny issue of when (if ever) state officials violate the Constitution by drawing district lines to favor one political party at another’s expense, this time in cases from North Carolina and Maryland. With the retirement last summer of Justice Anthony Kennedy and his replacement by Justice Brett Kavanaugh, the more conservative court could be...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, North Carolina, Antonin Scalia, Howe, William Rehnquist, Stephen Breyer, Gill, Clarence Thomas, Anthony Kennedy

Friday round-up

Briefly: Tony Mauro reports at that “Justice Samuel Alito Jr., who until now recused himself in a pending copyright case, Rimini Street Inc. v. Oracle USA Inc., will participate after all”; “[b]ecause of a family inheritance several years ago, Alito and his wife have had holdings in numerous corporations, unlike most other justices,” [and Alito] has sold several of the stocks over time, often in anticipation of an oral argument that posed a conflict of interest.” At Rewire.News, Jessica...
Tags: Google, Usa, Supreme Court, Law, Court, Bloomberg, Tennessee, Trump, Round-up, Frank, U S Supreme Court, Whitaker, Blair, Roberts, Fifth Circuit, Alito

Argument preview: Immunity, precedent and federalism in Franchise Tax Board of California v. Hyatt

Franchise Tax Board of California v. Hyatt is the federal courts case that keeps on giving. It is a SCOTUS “threepeater,” having now reached the justices on three separate occasions. It raises a rich sovereign immunity issue — namely, whether states should enjoy immunity in one another’s courts. And it also asks the Supreme Court to overrule a precedent, Nevada v. Hall, that at least four justices were recently prepared to throw overboard. Whether new Justices Neil Gorsuch and Brett Kavanaugh f...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Maine, Nevada, Hall, Kennedy, Hyatt, Sachs, Antonin Scalia, U S Supreme Court, Alden, William Rehnquist

Thursday round-up

Briefly: For the ABA Journal, Mark Walsh previews Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing, noting that “[o]ne thing seems clear: Some 85 years after the 21st Amendment was ratified, lower courts are still eager to get further guidance from the Supreme Court.” In an op-ed for The New York Times, Linda Greenhouse takes issue with Justice Clarence Thomas’ increasingly influential argument that, by re...
Tags: Supreme Court, Law, Obama, Tennessee, Donald Trump, Ruth Bader Ginsburg, ABA Journal, Round-up, Blair, Richardson, Ginsburg, Gilbert Sullivan, James Madison, Clarence Thomas, Mark Walsh, Anthony Kennedy

Argument preview: Revisiting impossibility pre-emption

When state law and federal law conflict, the Constitution’s supremacy clause provides that federal law displaces, or pre-empts, state law. Pre-emption issues permeate prescription-drug safety litigation because the Food and Drug Administration regulates the safety and efficacy of prescription drugs under federal law, while state tort law provides the remedy for patients injured by the use of FDA-approved drugs.  Prescription drug manufacturers frequently raise “impossibility pre-emption” as a de...
Tags: Featured, Supreme Court, Law, Merck, United States, Food And Drug Administration, Fda, Antonin Scalia, PAS, Albrecht, U S Court of Appeals, Anthony Kennedy, Wyeth, 3rd Circuit, Merits Cases, Judicial Panel on Multidistrict Litigation

A hasty review of the SL&P year that was 2018

Year in review stories are catnip to me, so I figured I might as well use an unexpected little pocket of free time to create my own listing of big events in 2018 based on a lightning quick review of blog posts from the past year.  This listing is not representative or even all that reflective, and I welcome reader input on stories forgotten or unmentioned (or poorly ranked).  So, for giggles and comment, here is a list of post titles and links providing an imperfect, too-quick review of some not...
Tags: Florida, Supreme Court, Law, Congress, California, Senate, United States, Bill Cosby, Ohio, Louisiana, Doj, Kennedy, Philly, Michael Cohen, Jeff Sessions, Anthony Kennedy

Empirical SCOTUS: 365 days of Trump and the Supreme Court

How better to wrap up the calendar year than by examining the president’s take on his relationship with the Supreme Court – especially because the court was one of President Donald Trump’s favorite topics of discussion this past year? These references ranged from the specific to the general and from praise to criticism. Many of the tropes are likely familiar. There was commentary on the Supreme Court vacancy after Justice Anthony Kennedy retired, more about Justice Brett Kavanaugh during the con...
Tags: Supreme Court, Law, Washington, America, Fox, South Dakota, Hawaii, Manhattan, Donald Trump, Chattanooga, Trump, Arlington National Cemetery, Brett, Houston Texas, United States Supreme Court, Anthony Kennedy

Academic highlight: Epps and Sitaraman on how to save the Supreme Court

The Supreme Court faces a crisis of legitimacy. The process of selecting new justices has become both contentious and overtly partisan, as illustrated by the Republican-controlled Senate’s refusal to hold hearings or a vote for President Barack Obama’s Supreme Court nominee, followed by the fractious hearings and party-line vote to replace “swing” Justice Anthony Kennedy with Brett Kavanaugh. Now that Kennedy has retired, all nine justices are expected to cast votes in line with the preferences ...
Tags: Featured, Supreme Court, Law, Obama, Congress, Senate, Court, Barack Obama, Republican Party, Kennedy, EPPS, U S Supreme Court, Franklin Roosevelt, Elena Kagan, Anthony Kennedy, Academic Round-up

On coercion and plea bargaining

This fall the Cato Institute held a policy forum on plea bargaining featuring Clark Neily, vice president for criminal justice at Cato, Scott Hechinger of Brooklyn Defender Services, Bonnie Hoffman of the National Association of Criminal Defense Lawyers, and Somil Trivedi of the ACLU. Description: Supreme Court Justice Anthony Kennedy has observed that “criminal justice today is for the most part a system of pleas, not a system of trials.” Although nowhere mentioned in the text of the Consti...
Tags: Supreme Court, Law, Uncategorized, United States, Aclu, David Lat, Constitutional Law, Crime And Punishment, Cato Institute, Anthony Kennedy, Clark Neily, National Association of Criminal Defense Lawyers, Somil Trivedi, Bonnie Hoffman, Cato Scott Hechinger of Brooklyn Defender Services

Ask the author: Meet Justice Edward Sanford

The following is a series of questions prompted by Stephanie Slater’s “Edward Terry Sanford: A Tennessean on the U.S. Supreme Court” (University of Tennessee Press, 2018). This is the first biography of a justice whose contributions to the Supreme Court in the 1920s were overshadowed in life by those of his more famous colleagues, including Justices Oliver Wendell Holmes and Louis Brandeis, and even in death, because he passed away on the same day as retired Chief Justice William Howard Taft. ...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Book Reviews, Harvard, Tennessee, Connecticut, Union, Republican Party, South, Bell

Symposium: The establishment clause strictly prohibits government preference for one faith — that could change with the Bladensburg Cross case

Heather L. Weaver is a senior staff attorney for the Program on Freedom of Religion and Belief at the American Civil Liberties Union. A 40-foot-tall Latin cross made of marble and cement stands on public property at one of the busiest intersections in Bladensburg, Maryland. The Bladensburg Cross is impossible to miss and overshadows everything nearby. Erected as a memorial to soldiers who died in World War I, it is now owned and maintained by a state entity, the Maryland-National Capital Parks a...
Tags: Featured, Supreme Court, Law, California, Court, David, United States, Aclu, Jesus, Kennedy, Trump, Antonin Scalia, Buddhist, American Civil Liberties Union, Scalia, 9th Circuit

Empirical SCOTUS: Differences between “Obama” and “Trump” judges, while sometimes subtle, can’t be denied

Justices of the Supreme Court rarely give public comments on words or actions of members of the elected branches of the federal government. This made the recent spat between Chief Justice John Roberts and President Donald Trump over the role of partisanship in the federal judiciary all the more surprising and powerful. Although phrased in terse sentences (Trump’s were via Twitter), their words left much to unpack. What began as Trump decrying the decision of an “Obama judge” (a judge appointed b...
Tags: Supreme Court, Law, Obama, Congress, Barack Obama, Department Of Defense, Chicago, District Of Columbia, Donald Trump, National Labor Relations Board, Clinton, Trump, Bush, Lewis, Morris, John Roberts

Tuesday round-up

There are two oral arguments on the Supreme Court’s agenda today. The first is in Biestek v. Berryhill, in which the justices will consider social-security-benefits claimants’ ability to scrutinize the data on which benefits denials are based. David Super had this blog’s preview. Tyler Schmitt and Grace Brosofsky preview the case for Cornell Law School’s Legal Information Institute. This morning’s second case is Helsinn Healthcare v. Teva Pharmaceuticals, which asks whether the “on sale” bar to ...
Tags: Apple, Supreme Court, Law, Washington Post, Court, Alabama, West Virginia, Bloomberg, Indiana, Ap, Pepper, United States, North Dakota, SEC, Donald Trump, Wall Street Journal

A “view” from the courtroom: A nod to a late president and a retired justice

The courtroom is quite full this morning, but there is room for a couple of distinguished spectators. One is Jay Clayton, the chairman of the U.S. Securities and Exchange Commission, who is seated in the front row of the Supreme Court Bar section usually filled by those to be sworn in to the bar. Indeed, that is one reason Clayton is here, as Solicitor General Noel Francisco will introduce him and vouch that Clayton meets the necessary qualifications. The other is that the second case for argume...
Tags: Chris Christie, Featured, Law, Washington, Sacramento, West Virginia, Cnn, United States, New Jersey, Ncaa, William Shakespeare, Kennedy, Securities And Exchange Commission, Bush, Christie, Thomas

SCOTUS Map: November 2018

With its newest member seated on the Supreme Court (and officially included in the latest class picture), the justices continued to project a united front, emphasizing their familial bonds and eschewing the labels of “conservative” and “liberal” altogether. “It was Justice Thomas who tells me that when he first came to the court, another justice approached him and said, ‘I judge you by what you do here. Welcome,’” Justice Sonia Sotomayor recounted in a recent interview with CNN’s David Axelrod...
Tags: Florida, Featured, Supreme Court, Law, Washington, France, Cnn, United States, Paris, Michigan, Globe, University of Toronto, Kennedy, Thomas, Harvard Law School, Sonia Sotomayor

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