Word: kennedyism
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The number of one-vote majority opinions was significantly lower this time around (approximately 17% of the cases compared to 33% last term). "What is striking is how many cases were not decided by 5-4 votes," says Richard Pildes, professor of constitutional law at New York University School of...
The Supreme Court ended its 2007-2008 term by handing down a flurry of big decisions the last few days, most notably granting a constitutional protection for individuals to own guns (District of Columbia v. Heller) and banning the death penalty as punishment for the rape of a child (Kennedy...
America's 17th chief justice assumed the bench with the hopes of uniting a fractured court and issuing opinions with one, unanimous voice. Instead, Roberts got a pileup of concurrences and dissents that often resulted in Kennedy determining the law. In the 24 decisions that came down 5-to-4...
In Kentucky's employment case ruling last week, which found the state's public pension plan not to be age discriminatory, Justice Breyer wrote the opinion joined by fellow liberals Stevens and Souter and by conservatives Roberts and Thomas. (Ginsberg joined Scalia and Alito in Kennedy's dissent.) Likewise the...
And Obama's run to the center surely won't stop conservatives from using the specter of a Democratic-appointed Supreme Court to try to rally support. "Its pretty clear that if he's elected and Justice Scalia or Kennedy retires that he's going to appoint someone who's...