For years, the Supreme Court moved to the left or right only as far as Justices Sandra Day O'Connor and Anthony Kennedy allowed. They held pivotal votes on a court closely divided between liberals and conservatives. Now, though, a more conservative court that includes two men who once worked for Kennedy at the high court is taking direct aim at major opinions written by the two justices, now retired.
Read More »Tag Archives: Anthony Kennedy
Trump interviews 4 for Supreme Court, 2-3 more to go
President Donald Trump interviewed four prospective Supreme Court justices on Monday and planned to speak with a few more, as he powered forward with a speedy selection process to fill the fresh vacancy on the court.
Read More »Justice Kennedy retiring; Trump gets 2nd US Supreme Court pick
U.S. Supreme Court Justice Anthony Kennedy announced his retirement Wednesday, giving President Donald Trump a golden chance to cement conservative control of the high court.
Read More »Kennedy wrestles with wedding cake case at Supreme Court (UPDATE)
The U.S. Supreme Court is taking up a highly anticipated case involving a Colorado baker who refused to make a wedding cake for a same-sex couple.
Read More »Justice Kennedy provides hope to solitary confinement foes
Prison reform advocates who have spent years campaigning against solitary confinement are counting on a powerful new ally in their quest to end the practice — U.S. Supreme Court Justice Anthony Kennedy.
Read More »Justices signal support for investors in 401(k) lawsuits
The U.S. Supreme Court appeared likely Tuesday to make it easier for participants in employee retirement plans to challenge companies' investment decisions that eat into retirement savings.
Read More »Justices appear to favor small church in sign law case
The U.S. Supreme Court on Monday appeared likely to side with a small church in its fight with a Phoenix suburb over limits on roadside signs directing people to Sunday services.
Read More »The more you know
A new study reported on NPR reveals that male judges tend to embrace feminism more often if they have daughters. Shocking, right?
Read More »High court false advertising case rejects preemption defense
The legal food fight between a fruit juice manufacturer and soft drink conglomerate Coca-Cola Co. will continue in federal court now that the U.S. Supreme Court has ruled that a false advertising claim was not precluded by federal law.
Read More »US high court rules on ‘straw purchaser’ law
A divided U.S. Supreme Court sided with gun control groups and the Obama administration Monday, ruling that the federal ban on "straw" purchases of guns can be enforced even if the ultimate buyer is legally allowed to own a gun.
Read More »US Supreme Court ruling could spur new legislation
The U.S. Supreme Court recently held that preemption language in the Comprehensive Environmental Response, Compensation and Liability Act aimed at overriding state statutes of limitation does not extend to statutes of repose.
Read More »Affirmative action ruling adds new twist to same-sex marriage challenges
The recent U.S. Supreme Court ruling upholding a state law barring the consideration of race in public university admission decisions is having an immediate effect on a set of closely watched appeals involving an entirely different issue: the constitutionality of state same-sex marriage bans.
Read More »US Supreme Court town prayer ruling divides justices, bar
The U.S. Supreme Court ruling allowing prayers to be delivered before public town meetings divided the justices in two ways: in the result and in the standard that applies in determining whether public prayers violate the Establishment Clause.
Read More »Justices search for limits in cellphone search cases
Applying centuries-old constitutional principles to situations not contemplated by the Founding Fathers is nothing new for the justices of the U.S. Supreme Court.
Read More »US Supreme Court takes up ERISA fiduciary duty case
Seeking to resolve a rather lopsided circuit split, the justices of the U.S. Supreme Court seem poised to support a requirement that employees alleging breach of fiduciary duty overcome a pleading-stage presumption that employee stock plan fiduciaries acted with prudence.
Read More »US justices look for limits in bank fraud case
Expressing an unwillingness to dramatically expand the scope of offenses that fall under the federal bank fraud statute, the justices of the U.S. Supreme Court searched for some type of limiting principle this week during arguments in Loughrin v. U.S., 13-316.
Read More »Sarbanes-Oxley whistleblower ruling leaves gap for courts, Congress
The recent U.S. Supreme Court ruling extending Sarbanes-Oxley whistleblower protection to private contractors of publicly-traded companies has some attorneys concerned about the lack of any limiting principle.
Read More »Justices revisit securities fraud class actions
The justices of the U.S. Supreme Court have an opportunity to dramatically change the landscape of securities fraud class action litigation by limiting, or perhaps overruling altogether, a decision upon which plaintiffs have relied for decades.
Read More »Justices struggle over attorney fees in patent troll cases
The justices of the U.S. Supreme Court wrangled over the language of a statute that allows prevailing parties in certain patent infringement cases to recoup attorney fees — an issue that could mean millions of dollars in already costly legal proceedings.
Read More »US high court ponders if gun purchase for another is illegal
Trying to secure a bargain on a gun purchase landed a former cop in jail.
Read More »Union pact case goes bust at the US Supreme Court
It was the major U.S. Supreme Court labor law decision that wasn’t.
Read More »US Supreme Court ponders finality of attorney fee awards
The justices of the U.S. Supreme Court considered Tuesday whether an award of contractual attorney fees is part of a final judgment, or a collateral determination made after a judgment.
Read More »US justices cast doubt on validity of union pact
The justices of the U.S. Supreme Court expressed doubt on Wednesday as to the legality of a commonly used type of labor negotiating pact, setting up the possibility of a high court ruling that could shake up workplace organization efforts.
Read More »Justices wrangle over intent needed for aiding, abetting liability
During oral arguments Tuesday, the justices of the U.S. Supreme Court tried to nail down just what intent is necessary for a conviction for the federal crime of aiding and abetting the use of a firearm in a violent or drug felony.
Read More »US justices hear town meeting prayer case
The justices of the U.S. Supreme Court faced the task of drawing a line between permissible religious addresses by private citizens at public meetings and unconstitutional government-sanctioned prayer during Wednesday’s oral arguments in Town of Greece v. Galloway, No. 12-696.
Read More »US high court questions limits of personal jurisdiction
The justices of the U.S. Supreme Court verbally jousted with attorneys Monday in an effort to nail down just how much contact a defendant must have with a particular jurisdiction before he can be hauled into court there.
Read More »High court ADEA case could end up a bust
The U.S. Supreme Court chose to kick off its new term by hearing a case that considers whether the Age Discrimination in Employment Act trumps constitutional age discrimination claims brought under 42 U.S.C. §1983.
Read More »Affirmative action survives, under tougher standard
It was a case that could have led to the constitutional condemnation of school affirmative action policies across the country.
Read More »Supreme Court strikes federal marriage provision (UPDATE)
In a historic victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.
Court makes it harder to sue businesses
A sharply divided Supreme Court on Monday made it more difficult for Americans to sue businesses for discrimination and retaliation, leading a judge to call for Congress to overturn the court's actions.
Read More »