Posts filtered by tags: Kennedy[x]


Travis judges reject public defender, DA discretion the solution to budget constraints, crime deterrent from traffic stops minimal, and other stories

Here are a few browser clearing odds and ends that merit Grits readers' attention: Travis County judges refuse state money for public defender office Travis County's bid to create a public-defender office isn't officially dead yet, but it may as well be after Presiding Judge Brenda Kennedy authored a letter saying local judges unanimously opposed the idea. Kennedy has urged judges not to speak for themselves and has thrown their support solidly behind the local criminal defense bar, which habitu...
Tags: Texas, Law, California, Virginia, Va, Nashville, Houston, Kennedy, Houston Chronicle, Harris County, Travis, George Powell, Texas Tribune, Texas Legislature, Acevedo, Travis County

"The Radziwill-Capote friendship ended... They fell out when she refused to testify for Mr. Capote in a libel suit brought by Gore Vidal..."

"... over a Capote assertion, citing her as his source, that Mr. Vidal had been ejected drunk from the Kennedy White House. Mr. Vidal said he had merely been escorted to his hotel by friends after antagonizing Attorney General Robert Kennedy. Mr. Vidal won the suit and an apology."From "Lee Radziwill, Ex-Princess and Sister of Jacqueline Kennedy Onassis, Dies at 85" (NYT).I've never been interested in Princess Radziwill, but I'm thoroughly intrigued by the news that Vidal sued Truman Capote for ...
Tags: New York, Law, White House, Drinking, Homosexuality, Gore Vidal, Truman Capote, Jackie, Kennedy, Defamation, Gore, Lee, Buckley, Robert Kennedy, William F Buckley Jr, Truman


What a hashtag coming yesterday from law blog pioneer, legal tech veteran and now law professor, Dennis Kennedy. Kennedy used the hashtag in a blog post as his solution to a growing problem legal professionals face when writing for third party publishers – #blogfirst. I’ve been rethinking my approach to publishing articles in publications. To my horror, I’ve seen links to hundreds of my old articles take people to “file not found” or other 404 pages. Other articles are now behind subscrip...
Tags: Facebook, Law, Blogging, Aba, Kennedy, Bloomberg Law, Creative Commons Attribution NonCommercial, Dennis Kennedy Kennedy, International CC BY NC

Student SCOTUS preview part two: noticing the parole push in United States v. Haymond

I noted here back in 2017 an interesting opinion in US v. Haymond where a Tenth Circuit panel declared unconstitutional the procedures used for revocation of a sex offender's supervised release.  The Supreme Court also obviously found the case interesting because, as reported here, the Justices in 2018 accepted the petition for certiorari filed by the federal government.  Oral argument is scheduled for two weeks from now, and a SCOTUSblog page on Haymond has links to all the briefing. As reporte...
Tags: Supreme Court, Law, Congress, Court, US, United States, Morrissey, Kennedy, Scalia, Brewer, Blakely, Morrisey, Kavanaugh, Tenth Circuit, Respondent, Gorsuch

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: 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

OT2018 #17: “The Most Distinguished Recording Location”

Dan Epps and Leah Litman were in San Francisco this past weekend for a great symposium sponsored by the Hastings Law Journal called “The Jurisprudence of Justice Anthony M. Kennedy—Four Decades of Influence.” While he was in the City by the Bay, Epps managed to record a fun conversation with Judge Marsha Berzon of the U.S. Court of the Appeals for the 9th Circuit and Professors Rory Little and Zach Price of UC-Hastings College of the Law. They offer their takes on Kennedy’s legacy, talk through ...
Tags: Law, San Francisco, Kennedy, Anthony M Kennedy, Leah Litman, Dan Epps, Marsha Berzon, U S Court of the Appeals, First Mondays, Hastings Law Journal, Bay Epps

Thursday round-up

Briefly: At Verdict, Sherry Colb discusses Mitchell v. Wisconsin, in which the court will decide whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement; she questions the utility of the “implied consent” concept, arguing that the Fourth Amendment analysis would be cleaner without it. In the New York Law Journal (registration required), Jason Grant reports that the Supreme Court has ordered New York to respond to ...
Tags: New York, Supreme Court, Law, New York City, New York Times, Wisconsin, Kennedy, Mitchell, Round-up, John Roberts, Linda Greenhouse, Samuel Alito, Joseph Kennedy, New York Law Journal, Jason Grant, Ginni Thomas

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

Friday round-up

Briefly: At CNN, Eric Bradner and Joan Biskupic report that “[t]he Supreme Court’s future is poised to turn into a defining battle in the 2020 presidential election, as justices consider taking up cases that touch some of the nation’s most sensitive political divides.” For this blog, Stephen Wermeil looks at what happens to the Supreme Court during a government shutdown, noting that the court “will continue to perform its essential functions, including processing petitions, hearing oral argumen...
Tags: Supreme Court, Law, Cnn, Jackson, Kennedy, Round-up, U S Court of Appeals, Ninth Circuit, Joan Biskupic, Goldstein Russell, Bremerton School District, Eric Bradner, Home Depot U S A Inc, Stephen Wermeil, Ryan Tosi, Scott Ofrias

Justices to review New York gun rights case

In 2008, the Supreme Court ruled that the Second Amendment protects an individual’s right to have a handgun at home for self-defense. Two years later, the justices made clear that this right also applies against state and local governments. Since then the Supreme Court has repeatedly declined to say anything more about how far states and cities can go in restricting gun rights, but today it granted a plea to weigh in, this time in a case from New York City. The request for review came from the N...
Tags: New York, Featured, Supreme Court, Law, Obama, California, Washington, New York City, Defense, United States, Donald Trump, Ash Carter, Kennedy, Trump, Carter, 9th Circuit

"Early in his career, he was a co-author of two seminal works on American society, 'The Lonely Crowd'... in 1950 and 'Beyond the Melting Pot'... in 1963."

"Later volumes included 'We Are All Multiculturalists Now' in 1997 and 'From a Cause to a Style: Modernist Architecture’s Encounter with the American City' in 2007.... A child of Jewish immigrants from Warsaw, Nathan Glazer was born on Feb. 25, 1923, in New York City and spent his early years in East Harlem. His father, Louis, was a garment worker, and his mother, Tilly, was a homemaker. Nathan was the youngest of seven children, and when he was 10, the family, which was crammed into a four-room...
Tags: Law, New York City, Sociology, Glazer, Kennedy, Warsaw, Central Park, Louis, Nathan, Tilly, American City, Ann Althouse, Frederick Law, Irving Kristol, Nathan Glazer, Neo-cons

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

Relist Watch

John Elwood reviews Monday’s relists. I’m today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the full 30 days to file reply briefs before oral argument. After this Friday, the court’s next scheduled conference isn’t until February 15 – almost a month from now. And any cases granted at that conference will ...
Tags: Texas, Featured, Supreme Court, Law, Congress, Virginia, New York City, Freedom, Alabama, Indiana, Dhs, United States, House Of Representatives, Kansas, Louisiana, Nielsen

Justice Kavanaugh joins Chief and more liberal Justices in GVR of Kentucky capital case

This morning's Supreme Court order list is fairly short and is mostly denials of certiorari. But the last page of the order list should intrigue capital sentencing fans, and it contains an order in White v. Kentucky, No. 17-9467, in which the Court vacated the decision below "and the case is remanded to the Supreme Court of Kentucky for further consideration in light of Moore v. Texas, 581 U. S. ___ (2017)." This GVR is made extra interesting because Justice Alito issued this short dissent, whic...
Tags: Texas, Supreme Court, Law, Kentucky, Court, Indiana, Kennedy, Cooper, Webster, Scalia, Moore, Alito, Kavanaugh, Kaushal, Gorsuch, Douglas A Berman

Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States

Purported SCOTUS originalists and liberals, showing yet again that they are faint-hearted, refuse to consider extending jury trial rights to restitution punishments

I noted in this post the array of per curiam rulings and statements that the Supreme Court released today to get 2019 off to an interesting criminal justice start.  Regular readers will not be surprised to learn that one particular decision, namely the decision to deny certiorari in Hester v. US, has me revved up.  Hester involves a claim that the Sixth Amendment jury trial right recognized in Apprendi, Blakely, Booker and Southern Union is applicable to cases in which findings are essential for...
Tags: Supreme Court, Law, Washington, US, America, United States, Smith, Kennedy, Jones, Commonwealth, Thomas, Henry Viii, State, Somerville, Roberts, Ginsburg

What the Fu** — Supreme Court agrees to hear Brunetti Trademark Dispute

by Dennis Crouch Erik Brunetti’s “FUCT” line of apparel doesn’t have much appeal to my sense of style, but the clothing certainly seem to make a statement.  The USPTO refused to grant Brunetti’s application to register the mark — finding that the mark “comprises immoral * * * or scandalous matter” and thus cannot be registered under Section 2(a) of the Lanham Act. On appeal, the Federal Circuit sided with Brunetti — holding the statute unconstitutional as contrary to the Free Speech provision ...
Tags: Supreme Court, Law, Uspto, Patent, Kennedy, Tam, Kavanaugh, Federal Circuit, Brunetti, Fu, Gorsuch, Matal, Dennis Crouch Erik Brunetti, Government Since Tam the Supreme Court

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

I've been seeing the simultaneous crushing of the white male triad — Bernie, Beto, Biden — and I get it, but what's with "Why the Bernie Movement Must Crush Beto O’Rourke"?

That's the headline for this Jonathan Chait piece (in NY Magazine). 2 days ago, I was strongly impressed by the NYT article that promoted the Senate Foursome (Harris, Gillibrand, Warren, and Booker) and, on their behalf, gave the BBB triad a shove:For the Senate foursome, moving quickly into the race is also a pre-emptive effort to undercut the early advantages of a duo of universally known contenders, former Vice President Joseph R. Biden Jr. and Senator Bernie Sanders of Vermont, who may enter...
Tags: Law, Obama, Senate, Socialism, PAC, Nyt, Biden, Names, Vermont, Kennedy, Booker, BETO, Bernie Sanders, Sanders, Jonathan Chait, Bernie

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

Another dive into the choppy waters of Miller and Montgomery implementation

I am sure I have posted any number of articles highlighting that implementation of the Eighth Amendment limit of juvenile life without parole sentences has been choppy at best (see here and here and here for a few more examples). The latest iteration of this depressingly evergreen story comes from Mother Jones here under the headline "The Supreme Court Said No More Life Without Parole for Kids. Why Is Antonio Espree One of the Few to Get Out of Prison?".  I recommend this long piece in full, and...
Tags: Supreme Court, Law, Pennsylvania, Angola, Graham, Philadelphia, Michigan, Louisiana, Kennedy, Montgomery, Miller, Mother Jones, Henry Montgomery, Douglas A Berman, Larry Krasner, Jody Kent Lavy

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

After rejection of contentious proposed amendments, FIRST STEP Act passed by Senate by vote of 87 to 12!!!!

In this post back in August I wondered "Could enhanced FIRST STEP Act get more than 90 votes in the Senate if even brought up for a vote?".  Well, it seems I was off by three votes, as tonight the the US Senate voted 87 to 12 to enact the FIRST STEP Act.  With a vote in the House scheduled for later this week, this bill should be on Prez Trump's  desk before the end of this week and law before Prez Trump heads down to Mar-a-Lago for the holidays.  This USA Today article, headlined "Senate passes...
Tags: Utah, New York, Law, Congress, Senate, America, Barack Obama, Arkansas, House, Ted Cruz, Aclu, Mitch McConnell, US Senate, Louisiana, Usa Today, Naacp

A lesson in how to keep activists from winning: Don't let acceding to their demands be the path of least resistance.

There are 2 murals at the Robert F. Kennedy Community Schools in Koreatown, which is part of the Los Angeles Unified School District:There's this one, by Beau Stanton, which is attacked because the rays emanating from the head remind some people of the Japanese imperial battle flag, and which the L.A. school district plans to paint over.And this one, by Shepard Fairey (who's famous for those Obama "Hope" posters) which depicts Robert F. Kennedy.Now, Shepard Fairey is using "the only leverage I h...
Tags: Japan, Protest, Law, Los Angeles, The Sun, Korea, Roberto Martinez, Civil War, Shepard Fairey, Kennedy, Flags, Robert, Ava Gardner, Don, Koreatown, Stanton

Cloture vote on FIRST STEP Act gets super-majority support in Senate

As reported in this article from The Hill, the "Senate advanced a White House-backed criminal justice reform bill on Monday, paving the way for senators to try to pass the bill as early as Tuesday." Here is more on the vote and what comes next: Senators voted 82-12 to end debate on the legislation, which merges a House-passed prison reform bill with a handful of changes to sentencing laws. Twelve Republicans voted against advancing the legislation despite President Trump endorsing the measure i...
Tags: Utah, Law, Senate, White House, Cotton, Gop, House, Iowa, Mike Lee, Kennedy, Trump, National Review, Mitch McConnell R Ky, Toomey, Sens Chuck Grassley, Dick Durbin D Ill

Some of Senator Cotton's suspect claims in his latest case for amendments to the FIRST STEP Act

As noted in an update to this prior post, Senator Tom Cotton has this new National Review commentary making the case for his proposed amendments to the latest version of the FIRST STEP Act under the headline "Fix the First Step Act and Keep Violent Criminals behind Bars."  This commentary closes with a passage that troubled me, especially when I looked up the facts of the case he discusses.  Here is how Senator Cotton concludes (with a few details emphasized by me for further commentary): So fa...
Tags: Law, Fsa, Senate, America, Cotton, Ted Cruz, Mitch McConnell, Nascar, Kennedy, Mike, Tom Cotton, Crawford, John Kennedy, Willie Horton, Douglas A Berman, Seminole County Sheriff 's Office

Making the case against amendments to the FIRST STEP Act proposed by Senators Cotton and Kennedy

In this post a few days ago, I provided details and links concerning three amendments that Senator Tom Cotton and Senator John Kennedy will seek to have made to the FIRST STEP Act this coming week.  Unsurprisingly, advocates of significant sentencing reform are not fans of the Senators' proposed changes.  The Brennan Center, for example, has this release explaining that it "strongly rejects attempts by Sens. Tom Cotton (R-Ark.) and John Kennedy (R-La.) to add a series of 'poison pill' amendments...
Tags: Law, Senate, Ted Cruz, Mitch McConnell, Kennedy, Tom Cotton, John Kennedy, Government Accountability Office, Brennan Center, Sens Tom Cotton R Ark, Douglas A Berman, U S Sentencing Commission, Sen Cotton, Prez Trump, John Kennedy R La, Independent Review Committee

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