Anthony Kennedy

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As Day 3 Dawns, Where the Battle for ObamaCare Stands

Supreme Court could well strike down controversial law

(Newser) - Yesterday's oral arguments in front of the Supreme Court went well for opponents of President Obama's health care law. "The government had in my view as bad a day as it reasonably could," the founder of SCOTUSblog says. "It won't cause the government to...

Health Care Reform Dead? Not So Fast, Everyone
Health Care Reform Dead?
Not So Fast, Everyone

Health Care Reform Dead? Not So Fast, Everyone

All this hot air is meaningless until the court actually rules: Steve Kornacki

(Newser) - Based on the breathless commentary after the Supreme Court's oral arguments today, it might have seemed as if the court had already decided to rule against health care reform. Sorry to spoil the fun, but it's way too early for either side to think this is a done...

Kennedy Skepticism Signals Trouble for Health Law

Anthony Kennedy, other conservative doesn't sound sold on individual mandate

(Newser) - The gist going into today's arguments on health care reform seemed to be that the law would be upheld. But the tone in coverage looks to be shifting after swing vote Anthony Kennedy voiced skepticism about the individual mandate during two hours of oral arguments at the Supreme Court....

Hey, Lefties: This Supreme Court Should Scare You
Hey, Lefties: This Supreme Court Should Scare You

Hey, Lefties: This Supreme Court Should Scare You

Obama too timid on federal nominees, with big issues coming

(Newser) - With big issues working their way toward the Supreme Court on such vital issues as health care reform, same-sex marriage, affirmative action, and police stops of undocumented immigrants, liberals need to be on guard, writes longtime court-watcher Emily Bazelon for the New York Times . Sure, there are solid progressives, such...

Jury Deadlocked Over Guilt of Hamlet

Justice Anthony Kennedy presides over mock trial

(Newser) - A modern-day attempt to resolve a criminal case from way back did not succeed—despite the involvement of a Supreme Court justice. Anthony Kennedy presided over a mock trial of Hamlet at the University of Southern California, reports AP . It was a sort of legal master class—noted Los Angeles...

Why Kennedy Will Back Gay Rights
 Why Kennedy Will 
 Back Gay Rights 
Nate Silver

Why Kennedy Will Back Gay Rights

He'll be thinking of legacy, and 50 years out this will be obviously right

(Newser) - Now that a federal judge has ruled in favor of overturning Proposition 8, all eyes are on the Supreme Court, and more specifically, on one man: Anthony Kennedy. The perennial swing voter seems likely to swing this case, too, and Nate Silver of thinks he’ll swing it...

Prop 8 Ruling Tough for Supreme Court to Overturn

Judge Vaughn Walker's findings are extensive, well-reasoned

(Newser) - Judge Vaughn Walker’s masterfully written ruling striking down Proposition 8 “was written for a court of one,” namely Anthony Kennedy, writes Dahlia Lithwick of Slate . Walker quotes extensively from Kennedy’s own findings (see Quotes, left), and his “findings of fact” section “knits together the...

Supreme Court's Kennedy: I'm Not Going Anywhere

Conservative swing vote says he'll see out Obama's term

(Newser) - If President Obama were hoping for a unexpected third opportunity to leave a mark on the Supreme Court—as in the retirement of 73-year-old Anthony Kennedy—he can forget it, reports the Daily News . Kennedy, seen as the all-important swing vote for the court's conservative bloc, tells family and friends...

Supreme Court Axes Life Terms for Juveniles

Kids in nonhomicide crimes must at least get chance at parole

(Newser) - The Supreme Court ruled 5-4 today that teens may not be locked up for life without chance of parole if they have not killed anyone, holding that the Constitution requires that young people serving life sentences must at least be considered for release. The court ruled in the case of...

After Stevens: What's Next?
 After Stevens: What's Next? 

After Stevens: What's Next?

Expect a fierce battle for liberal justice's replacement

(Newser) - What will John Paul Stevens’ retirement mean for the Supreme Court? Here are three early thoughts on what comes next:
  • Expect the tea partiers to get extremely riled up over whoever President Obama nominates, writes Chris Good of the Atlantic . They have a “very strict (one could almost say

Post-Stevens Supreme Court Comes Into Sharper Focus

Departure of senior liberal justice will shift the balance of power

(Newser) - John Paul Stevens will probably retire from the Supreme Court this summer, leaving an opening for President Obama to fill. In the broadest sense, Obama's pick will change little: The president will probably choose a justice who will side with the court's liberals. But the new face will not be...

Judge Stevens Decries Court's Corporate Turn

89-year-old gives impassioned opinion but sounds weary

(Newser) - Justice John Paul Stevens railed against the Supreme Court’s ruling overturning decades of campaign finance reform, invoking the names of such revered justices as Sandra Day O’Connor, Thurgood Marshall, and Byron White. In giving the minority opinion yesterday, Stevens spoke for 20 minutes, twice as long as Anthony...

High Court Rips Up Corporate Campaign Donation Limits

5-4 ruling repeals part of McCain-Feingold

(Newser) - The Supreme Court has ruled that corporations may spend freely to support or oppose candidates for president and Congress, easing decades-old limits on their participation in federal campaigns. By a 5-4 vote, the court today overturned a 20-year-old ruling that said corporations can be prohibited from using money from their...

No Broadcast for Prop 8 Trial: Supreme Court

High court says gay marriage trial can't be on YouTube, yet

(Newser) - The Supreme Court is blocking a broadcast of the trial on California's same-sex marriage ban, at least for the first few days. The high court today said it will not allow video of the trial to be posted on, even with a delay, until the justices have more...

Landmark Prop 8 Trial to Begin Today

Witnesses will be called for first time in federal case

(Newser) - Gay marriage will have its day in federal court today, in an unprecedented trial that’s expected to reach all the way to the Supreme Court. The case, Perry vs. Schwarzenegger, challenges Proposition 8 on the basis that it violates the US Constitution’s guarantees to equal protection. It’ll...

Roberts Court Takes Narrow Path to the Right
Roberts Court Takes Narrow Path to the Right

Roberts Court Takes Narrow Path to the Right

Supremes offer more modest rulings, put up barriers to lawsuits

(Newser) - The Supreme Court shifted further to the right in its 2008-09 term, ended yesterday, particularly on issues of civil rights and environmental protection. As USA Today reports, the conservative bloc led by John Roberts used several rulings to set tougher standards for individuals bringing suit, and it offered narrower opinions...

Court: Defendants Can Question Crime Lab

Scientists must be brought to court

(Newser) - A 5-4 Supreme Court ruling yesterday gives defendants the chance to face authors of crime lab reports in their cases. Prosecutors who want to use lab testing undertaken for a given case will be required to bring its authors to court, where the defense can confront them. The ruling shows...

Court: Elected Judges Can't Rule on Major Donors

Kennedy gives opinion in 5-4 decision

(Newser) - The Supreme Court ruled today that elected judges must recuse themselves from cases when large campaign contributions from interested parties create the appearance of bias. By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against his...

Shakespeare Debate Splits Supreme Court

Stevens finds alternate author theory beyond a reasonable doubt

(Newser) - John Paul Stevens and Antonin Scalia don’t agree often, but the justices are united on one case: Neither believes Shakespeare’s plays could possibly have been written by a hick like William Shakespeare. Stevens has even written papers on the topic, and searched the Bard’s home for clues....

Supreme Court Goofs Up Key Fact in Child Rape Decision

Court was wrong about federal death penalty

(Newser) - The Supreme Court misconstrued a key fact in reaching its recent decision banning the death penalty for child rape, reports the New York Times. Swing justice Anthony Kennedy mistakenly noted in his decision that child rapists did not face the death penalty in federal jurisdiction. But in fact the rape...

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