Anthony Kennedy

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Kennedy Screw-Up Blocked Gay Marriage in Nevada, Too

Supreme Court confirms the accident, says it's fixed

(Newser) - Anthony Kennedy stepped in yesterday and blocked same-sex marriage from going forward in Idaho —but in issuing his order, he accidentally stepped in it and blocked same-sex marriage in Nevada. The cause of confusion? Though Idaho asked the court for a stay, Nevada did not; but Idaho included case...

Justice Kennedy Blocks Idaho's Gay Marriage Ruling

The order also applies to Nevada

(Newser) - Supreme Court Justice Anthony Kennedy has temporarily blocked an appeals court ruling that declared gay marriage legal in Idaho and Nevada. The order came a little more than an hour after Idaho today filed an emergency request for an immediate stay and about 10 minutes before the state said that...

Lawyers Tried to Stop Botched Execution After 1 Hour

Justice Kennedy turned down request

(Newser) - "He has been gasping for more than an hour," lawyers said in an emergency appeal to halt the botched execution of Arizona inmate Joseph Rudolph Wood yesterday. "He is still alive." As the hour mark passed, Wood's lawyers filed an appeal to a district court...

Supreme Court: Town Council Can Pray Away

Christian prayers don't violate First Amendment, court says in 5-4 ruling

(Newser) - It's OK for town council meetings to open with prayers, even if those prayers heavily reference Christianity, the Supreme Court declared today, in a 5-4 ruling split along familiar ideological lines. The court said that the content of the prayers is irrelevant, as long as officials make a good-faith...

Supreme Court Looks Befuddled on Aereo Case

Stephen Breyer referenced phonograph records

(Newser) - The Supreme Court heard oral arguments yesterday in ABC v. Aereo, a much-watched case that could have big implications for both cloud computing and broadcast television—implications the justices didn't seem comfortable with. Aereo allows users to record broadcast TV online and watch it at their leisure. The major...

High Court Sounds Conflicted on Contraceptive Case

Women justices and conservative justices at odds over health care mandate

(Newser) - The Supreme Court sounded deeply divided today as it heard arguments in a politically charged challenge to the Affordable Care Act's contraceptive mandate , with its women on one side and its conservatives on the other. The hearing combined two cases—Sebelius v. Hobby Lobby and Conestoga Wood Specialties v....

Justice Kennedy to Supporters of Prop 8: Um, No

Justice refuses without comment to halt gay weddings

(Newser) - Supreme Court Justice Anthony Kennedy has denied a request from supporters of Proposition 8 to halt gay weddings in California . Kennedy turned away the request today with no additional comment. Same-sex marriage opponents asked him to step in yesterday, a day after the federal appeals court in San Francisco allowed...

Prop. 8 Backers to SCOTUS: Stop Gay Weddings

Says Supreme Court's decision isn't binding for 25 days

(Newser) - As wedding bells are ringing for gay couples in California , the group that brought the state Prop. 8 to begin with has filed an emergency request asking the Supreme Court to stay the unions. It's not terribly likely to happen, reports the LA Times , as one law professor says...

In Battle of &#39;Two Stooges,&#39; Kennedy Beats Scalia
In Battle of 'Two Stooges,' Kennedy Beats Scalia

In Battle of 'Two Stooges,' Kennedy Beats Scalia

Andrew Koppelman: DOMA opinion is mess, but to so is the 'fun' dissent

(Newser) - Antonin Scalia's scathing dissent to Anthony Kennedy's DOMA decision has drawn lots of attention because of lines like the one dismissing it as "legalistic argle-bargle." The thing is, Scalia is correct—Kennedy's opinion is a mess, writes Andrew Koppelman at Salon . But so is Scalia'...

High Court Strikes Down DOMA
 High Court Strikes Down DOMA 

High Court Strikes Down DOMA

Broad ruling declares marriage benefits a matter of equal protection

(Newser) - The Supreme Court struck down the Defense of Marriage Act today, in a broad ruling arguing that it violates the Constitution's equal protection clause. The decision was 5-4, with Anthony Kennedy joining the court's more liberal justices (Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan), and...

Supreme Court DNA Ruling Has Scary Echoes of Gattaca

Decision opens path to swabbing without suspicion: Noah Feldman

(Newser) - In a 5-4 decision yesterday , the Supreme Court ruled that those arrested for "serious crimes" can have DNA samples taken from their cheeks—even without suspicion. And that "represents a major step toward a Gattaca world," writes Noah Feldman at Bloomberg . In short, evidence can now be...

Court Sounds Skeptical About DOMA

Kennedy seems concerned that it violates states' rights

(Newser) - The Supreme Court has concluded its oral arguments on the Defense of Marriage Act (the second half of its gay marriage double bill ), and most observers think things are looking bad for the 1996 law; in a tweet , SCOTUSblog predicted that the court was "80% likely to strike...

High Court Split in Gay Marriage Questioning

SCOTUSblog predicts a no-decision

(Newser) - The Supreme Court has finished hearing the arguments in the Proposition 8 case, and prognosticators are busy reading the tea leaves for what it might be thinking. Here's what went down:
  • Ruth Bader Ginsberg, Elena Kagan, Sonia Sotomayor, and, perhaps surprisingly, John Roberts, peppered Charles Cooper, the lead attorney

Fate of Gay Marriage May Rest With Kennedy

Being on the 'right side of history' may be too tempting to resist: Law professor

(Newser) - The Supreme Court has agreed to take up two cases related to gay marriage, and one is much easier to predict than the other, writes Harvard Law professor Michael Klarman in the Los Angeles Times . The Defense of Marriage Act, which denies federal benefits to same-sex couples, is almost certainly...

2 in 3 Americans Can't Name One Supreme Court Justice

John Roberts is best-known at 20%

(Newser) - Nine people helped determine the fate of ObamaCare this year—and most Americans can't name a single one. Two-thirds of us are unable to name a Supreme Court justice, according to legal website's poll of 1,000 people. Chief Justice John Roberts was the most familiar...

Roberts Court Eschews Politics, Rules as One

NYT study shows court moving in unexpected directions

(Newser) - While the Supreme Court has appeared deeply divided along ideological lines in recent years, its latest term reveals a strikingly different court, often unanimous and aggressive in reviewing the other branches of government, reports the New York Times in an analysis of the last nine months of the Roberts Court....

Supreme Court Upholds ObamaCare

Roberts sides with left, 5-4, in upholding individual mandate

(Newser) - The fate of ObamaCare has been decided—and it's very, very good news for President Obama and tens of millions of uninsured Americans. The Supreme Court today upheld the Affordable Care Act with one Medicaid-related exception. SCOTUSblog reports that Chief Justice John Roberts' vote "saved" ObamaCare; he sided...

ObamaCare Will Define John Roberts' Supreme Court

Chief justice pledged not to be activist, but controversial case a test

(Newser) - Chief Justice John Roberts swore up and down in confirmation hearings that he wouldn't legislate from the bench, a vow that has taken center stage along with his entire judicial legacy, as his Supreme Court gets ready to announce its ruling on ObamaCare on Thursday. Roberts has not written...

Supreme Court Kills Most of Arizona Immigration Law

But not the part that lets police check suspects' statuses

(Newser) - The Supreme Court has struck down most of Arizona's controversial immigration law in a 5-3 decision, but left intact the so-called "check your papers" provision. The decision struck down the parts of the law that made it a crime for immigrants not to possess federal registration cards, made...

Strip-Search Case Proves Privacy Is Dead

Supreme Court is just following our lead

(Newser) - The Supreme Court's ruling upholding prisoner strip-searches is an indicator of a much wider trend. Such searches compromise human dignity, but in the court case, not even the dissenting justices argued against all strip-searches, writes Noah Feldman in Bloomberg . That's because "privacy, as we know it, is...

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