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Keyword: anthonykennedy

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  • Gallup: Americans’ Trust in Courts Sinks To Record Low After Controversial Rulings

    09/18/2015 11:54:36 AM PDT · by Olog-hai · 32 replies
    MRC TV ^ | September 18, 2015 | Brittany M. Hughes
    Based on numerous polls and countless surveys, we already knew Americans didn’t trust Congress or the Executive Branch—but now, it looks like they don’t trust the courts, either. A new Gallup poll released Friday shows only 53 percent of Americans say they have a “great deal” or “fair amount” of trust in the United States’ judicial system, a record low since Gallup first began measuring government trust in 1997. Conversely, about half (47%) of all Americans think the courts can’t be trusted. …
  • Ted Cruz Is Right to Call for Retention Elections for the Supreme Court

    07/04/2015 9:18:13 AM PDT · by VinL · 19 replies
    National Review ^ | 7/4/15 | Andrew C. McCarthy
    Within the space of just 48 hours, the United States Supreme Court ruled that the president is above the law; that straightforward statutory words may be twisted to mean the opposite of what they say; that discrimination — heretofore, the textbook example of a willful act — can be committed unconsciously, thereby supplanting our constitutional foundation of equal opportunity for all with the totalitarian’s dream of guaranteed outcomes for favored factions; and that five politically unaccountable lawyers, by dint of being issued robes, may impose their vision of the good society on 320 million Americans, reimagining our most basic institutions,...
  • McConnell:Gay Marriage Is 'Law of the Land' for Congress, Too'says there's not much Congress can do'

    07/01/2015 10:09:32 AM PDT · by bestintxas · 131 replies
    newsmax ^ | 7/1/15 | c coren
    Senate Majority Leader Mitch McConnell says there's not much Congress can do in the wake of the ruling by the Supreme Court legalizing gay marriage. In an interview Tuesday night on Kentucky television station WDRB, McConnell restated that he still holds to the traditional view of marriage. "I’ve always felt that marriage is between one man and one woman and the Supreme Court has held otherwise. That’s the law of the land," the Kentucky Republican said. When he was asked if there is anything Congress can do, he answered: "I don’t think so. I think the courts have pretty well...
  • CNN: Obama's approval rating grows following memorable week

    06/30/2015 1:03:25 PM PDT · by SeekAndFind · 31 replies
    CNN ^ | 06/30/2015 | By Jennifer Agiesta, CNN Polling Director
    <p>Could Barack Obama's great week mark a turning point in his poll numbers?</p> <p>After months of stagnant approval ratings, a new CNN/ORC poll finds that for the first time in more than two years, 50% of Americans approve of the way Obama is handling the presidency. And his overall ratings are bolstered by increasingly positive reviews of his treatment of race relations and the economy.</p>
  • What Anthony Kennedy and His Four Cronies Have Unleashed

    06/29/2015 12:46:16 PM PDT · by Kaslin · 53 replies
    Rush ^ | June 29, 2015q | Rush Limbaugh
    RUSH: There wouldn't be social issues if there weren't angst and misery and unhappiness. And make no mistake: That's what's driving all this, folks. You may think this is all political, but it's angst and misery. It's unhappiness. It's people seeking a mysterious... You can read it in Kennedy Supreme Court ruling. You know that Supreme Court decision that Kennedy wrote is basically all about self-esteem and dignity. That's why Scalia openly wrote, he would be embarrassed to sign his name to a majority opinion such as that written by Anthony Kennedy on the gay marriage business. Esteem and dignity...
  • A Nation of One

    06/28/2015 4:59:51 AM PDT · by Kaslin · 31 replies ^ | June 28, 2015 | Derek Hunter
    Remember ‘An Army Of One,” that US Army recruiting ad slogan from a few years back? It not only was stupid, it was wrong. An army is, by definition, a group, and “one” of anything is rarely enough to win anything armies try to win, such as taking over countries. Unless that “one” is named Schwarzenegger or Stallone. Or Kennedy. Or Roberts. An army isn’t needed anymore to overthrow a nation. One Supreme Court justice is all it takes. We have gone form a representative republic to a nation of one. One vote, one opinion, upon which so much of...
  • BARNEY FRANK: Justice Scalia Is a Homophobe

    06/27/2015 3:53:24 PM PDT · by 2ndDivisionVet · 68 replies
    Politico Magazine ^ | June 26, 2015 | Former Rep. Barney Frank (D-MA)
    Gay, lesbian, bisexual and transgender people won two victories in the Supreme Court today. We expected the big one: the fourth in a series of opinions by Justice Anthony Kennedy—one of the last sitting Reagan appointees—vindicating our right to legal equality. The unexpected one was smaller in public impact but also significant: Justice Antonin Scalia’s disclaimer that he is not personally troubled by the fact that we can marry each other. After a series of opinions, speeches and public comments expressing his strong disapproval of us, vigorously defending society’s right to express this attitude in discriminatory public policies, Scalia begins...
  • Prediction time: Will John Roberts break with the right on gay marriage too?

    06/25/2015 5:12:39 PM PDT · by Kaslin · 111 replies
    Hot ^ | June 25, 2015 | ALLAHPUNDIT
    Having totally predicted the outcome of today’s ObamaCare decision, I feel obliged to try to guess the vote count on tomorrow’s (or next week’s?) gay-marriage outcome too. In some ways this is an easier call than King v. Burwell, in some ways it’s harder. It’s easier in the sense that the outcome isn’t in doubt. There was, at least, a chance (according to some people, not me) that Roberts and Kennedy would side with the other conservatives and strike down federal O-Care subsidies. To predict King correctly, you had to guess the outcome before you guessed the votes. The gay-marriage...
  • A Letter to Justice Anthony Kennedy

    05/01/2015 6:51:35 AM PDT · by SeekAndFind · 12 replies
    National Review ^ | 05/01/2015 | Maggie Gallagher
    Dear Justice Kennedy: The forces for gay marriage are powerful. You have been their hero in the past, when gay people were not so powerful. The tables are turned now, as I think is clear to everyone. The LGBT community has built a powerful cultural, legal, and political movement. They are not helpless or friendless. They do not need you to distort the Constitution to win the right to live as they choose. We who believe in the traditional understanding of marriage do need your help. We live at a time when our livelihoods are under new attack, when our...
  • Until The Court Do Us Part?

    04/30/2015 3:34:33 PM PDT · by Kaslin · 21 replies ^ | April 30, 2015 | Cal Thomas
    In 2-1/2 hours of oral arguments before the U.S. Supreme Court Tuesday, Justice Anthony Kennedy asked the right question: whether it is appropriate for the Court to discard a definition of marriage that "has been with us for millennia," adding, "it's very difficult for the court to say, 'Oh, well, we know better.' " Kennedy, who is regarded as the swing vote on this and many other controversial issues, may not answer his own question the way proponents of traditional marriage wish, but the question is not rhetorical. Should this court, or any court, re-define and force the states to...
  • Justices Express Skepticism In Oral Arguments For Gay Marriage Case

    04/28/2015 8:42:02 AM PDT · by VinL · 139 replies
    Huff Post ^ | 4/28/2015 | Riley
    Members of the Supreme Court questioned on Tuesday whether now is the right time to force states to allow same-sex couples to marry, pointing to how quickly public opinion has shifted on the issue of marriage equality. Justice Anthony Kennedy, who was a key figure in striking down the Defense of Marriage Act in 2013, suggested that he might be worried about the court moving too quickly to force states to marry same-sex couples. “This definition has been with us for millennia,” Kennedy said of male-female marriages. The justice also said it would be very difficult for the court to...
  • Gay mentor, belief in dignity at roots of Kennedy’s views (USSC justice Anthony)

    04/26/2015 9:50:38 AM PDT · by Olog-hai · 11 replies
    Associated Press ^ | Apr 26, 2015 7:40 AM EDT | Mark Sherman
    The Irish Catholic boy who came of age in Sacramento after World War II is an unlikely candidate to be the author of the Supreme Court’s major gay rights rulings. But those who have known Justice Anthony Kennedy for decades and scholars who have studied his work say he has long stressed the importance of valuing people as individuals. And he seems likely also to have been influenced in this regard by a pillar of the Sacramento legal community, a closeted gay man who hired Kennedy as a law school instructor and testified on his behalf at his high court...
  • Ruth Bader Ginsburg says she was drunk when she fell asleep at the State of the Union

    02/13/2015 11:30:25 AM PST · by Slings and Arrows · 99 replies
    Daily Mail [UK] ^ | 13 February 2015 | Francesca Chambers
    Ruth Bader Ginsburg says she wasn't '100 percent sober' when she nodded off during President Barack Obama's State of the Union address last month. The 81-year-old Supreme Court Justice blamed her colleague Anthony Kennedy for poorly timed catnap, telling attendees of a Smithsonian Associates event in Washington, D.C. that he brought a 'very fine California wine' to dinner that was too good not to indulge in.
  • Justice Kennedy and Dignity: Why, on his own principles, he should not vote for same-sex marriage.

    12/04/2014 6:27:38 AM PST · by SeekAndFind · 3 replies
    National Review ^ | 12/04/2014 | Howard Slugh
    Justice Kennedy’s jurisprudence evidences a deep concern for the dignity of same-sex couples. That’s why he should not vote to create a right to same-sex marriage. This sounds counterintuitive, but it’s true, for reasons I shall explain. On October 6, the Supreme Court declined to review any of the seven same-sex-marriage cases sent to it. This momentarily dashed the hopes of activists and advocates that the court would recognize a constitutional right to same-sex marriage. A few weeks later, the Sixth Circuit upheld four states’ traditional marriage laws. This established a conflict between the Sixth Circuit and those appellate courts...
  • Affirmative Action takes another hit in Supreme Court

    05/01/2014 10:39:42 AM PDT · by Oldpuppymax · 6 replies
    Coach is Right ^ | 5/1/14 | Doug Book
    Last year, the Supreme Court ruled that the nations Colleges and Universities must be prepared to demonstrate that all non-race based attempts to achieve student diversity have failed before the use of racial preference may be considered. And on April 22nd, in a 6-2 decision, the Court ruled in Schuette v BAMN that Proposal 2, a constitutional amendment approved by Michigan voters which “…end[s] racial preferences in many aspects of state government,” does not violate the Equal Protection Clause of the Constitution by denying any person the “equal protection of the law.” In 2003, the Supreme Court decided that the...
  • The Kelo Decsion and Barack Obama’s BLM land grabs

    04/22/2014 10:52:36 AM PDT · by Oldpuppymax · 14 replies
    Coach is Right ^ | 4/22/14 | Kevin "Coach" Collins
    What stops the federal government from merely deeding private lands to foreign governments “because we can?” Actually nothing stops the government from doing anything, certainly not the Kelo Decision. Without a doubt the Supreme Court’s Kelo Decision is one of the most potentially destructive weapons a tyrant like Barack Obama has at his disposal. We’ve heard that Dirty Harry Reid, Nevada’s real life Senator Geary, was possibly preparing to steal some of the Bundy ranch land to give it to a Chinese company to run another fake “green scam.” This begs the question: Why couldn’t the Bureau of Land Management...
  • 91-Year-Old Woman in Lawrence Resists Developer

    03/23/2014 4:25:51 PM PDT · by nickcarraway · 29 replies
    The Kansas City Star ^ | March 19 | Donald Bradley
    From Indiana Street near the edge of the University of Kansas campus, you can barely see the top of Georgia Bell’s house. Georgia Bell bought her modest home near the University of Kansas campus in 1946 for $850. On Wednesday, she was formally offered $600,000 for it. A five-story residential and retail complex could soon spring up uncomfortably close by. The developer says she can stay, but things will be very different. It sits at the bottom of 26 old, steep and uneven concrete steps. Two city officials descended those steps recently to talk to Bell about selling her place...
  • Justice Kennedy denies request to block gun magazine law

    03/12/2014 3:38:42 PM PDT · by bkopto · 18 replies
    Fox/AP ^ | Mar 12, 2014 | staff
    <p>Supreme Court Justice Anthony Kennedy has denied an emergency request by the National Rifle Association to block enforcement of a California city ordinance that bans gun magazines capable of holding more than 10 bullets.</p> <p>A court spokesman says Kennedy denied the request without comment.</p>
  • Sorry Justice Kennedy: Family matters most

    07/12/2013 5:40:58 PM PDT · by ReformationFan · 7 replies
    LifeSiteNews ^ | 7-11-13 | Ryan T. Anderson
    Supreme Court Justice Anthony Kennedy can't seem to understand why every political community on earth until the year 2000 recognized marriage as the union of a man and a woman. In his mind, this can be explained only by anti-gay "animus." Justice Kennedy is wrong. The state isn't in the marriage business because it cares about love or romance, but because the sexual union of a man and a woman can produce new life and this new life deserves a mother and a father. When a newborn isn't raised by the man and the woman -- the mother and the...
  • Shocking Child Molestation Story

    07/02/2013 9:00:47 PM PDT · by ReformationFan · 43 replies
    Illinois Family Institute ^ | 2Jul13 | Laurie Higgins
    In 2010, the Australian press, as in thrall to the homosexual community as our ignorant, sycophantic America press is, told the foolishly titled story “Two dads are better than one,” about a homosexual couple who went to Russia to adopt a child. These “fathers” described the obstacles they faced in trying to find a surrogate in the U.S. and the scrutiny they faced when they returned to Australia with their child, all because of the suspicions of authorities who feared that two homosexual men might be pedophiles. The article concluded with this heartwarming quote: “’We’re a family just like any...
  • Justice Kennedy denies motion to halt gay marriage in California

    06/30/2013 12:43:52 PM PDT · by 2ndDivisionVet · 29 replies
    NBC News ^ | June 30, 2013 | Elisha Fieldstadt
    Supreme Court Justice Anthony Kennedy on Sunday denied a request from Proposition 8 supporters to halt the issuance of same-sex marriage licenses in California. Dozens of same-sex weddings have taken place in the state since Friday, following the Supreme Court’s decision on Wednesday to overturn Proposition 8 — which had banned gay marriage. More same-sex marriages are expected take place on Sunday in accordance with the Pride parade and a VIP reception for newly-married couples in San Francisco. Prop. 8 supporters said the Friday start-date of same-sex unions came three weeks too soon since they still have 25 days to...
  • Next stop for the lavender steam roller: St. Patrick's Cathedral

    06/27/2013 9:06:44 AM PDT · by Oldpuppymax · 18 replies
    Coach is Right ^ | 6/27/13 | Kevin "Coach" Collins
    The Left doesn’t actually like or revere our Constitution. They only shout its praises when they’re able to defeat it in the courts or on our streets. Yesterday the Gay Left loved the Constitution because they were able to get the cowardly Justice Kennedy to join their four saboteurs in ruling that marriage cannot be defined by the citizens of America, but must be defined by Washington’s cocktail party set. The meaning of the Supreme Court’s rulings on California’s Gay marriage ban and the federal DOMA is as yet unclear, but they were certainly victories for our enemies. Do these...
  • Scalia: 'High-Handed' Kennedy Has Declared Us 'Enemies of the Human Race'

    06/26/2013 9:53:29 AM PDT · by Biggirl · 126 replies
    National Journal ^ | June 26, 2013 | Tim Grieve
    Dissenting from this morning's opinion on the Defense of Marriage Act, Justice Antonin Scalia – as expected – holds nothing back. In a ripping dissent, Scalia says that Justice Anthony Kennedy and his colleagues in the majority have resorted to calling opponents of gay marriage "enemies of the human race."
  • The Sound of Inevitability

    03/12/2013 6:48:44 AM PDT · by Kaslin · 21 replies ^ | March 12, 2013 | Cal Thomas
    Given his track record on marital fidelity, former President Bill Clinton is not the person I would consult about "committed, loving relationships." Clinton used those words in a Washington Post op-ed last week, urging the Supreme Court to overturn the 1996 Defense of Marriage Act (DOMA), which defines marriage as the legal union of one man and one woman, which he signed into law. In his column, Clinton said that 1996 "was a very different time." No state recognized same-sex marriage and supporters of DOMA "believed that its passage 'would diffuse a movement to enact a constitutional amendment banning gay...
  • Justice Kennedy: ‘In Our View, The Entire Act Before Us Is Invalid In Its Entirety’

    06/28/2012 10:36:52 AM PDT · by Hunton Peck · 34 replies
    CNS ^ | June 28, 2012 | Edwin Mora
    U.S. Supreme Court Associate Justice Anthony Kennedy, in commenting on the dissent in the Obamacare case said, “In our view, the entire Act before us is invalid in its entirety.” He made his remark inside the Court on Thursday. In the written dissent, it states, “we would find the Act invalid in its entirety. We respectfully dissent.” President Barack Obama’s signature legislation – the Patient Protection and Affordable Care Act -- including the controversial individual mandate requiring that virtually all Americans buy health insurance or pay a penalty, was ruled constitutional by the U.S Supreme Court (5-4) on Thursday. Chief...
  • ObamaCare a federal scheme of POWER, not health

    04/05/2012 10:02:33 AM PDT · by Oldpuppymax · 3 replies
    Coach is Right ^ | 4/5/2012 | Doug Book
    A week ago, Supreme Court Justice Anthony Kennedy observed that implementation of the Affordable Care Act stood to “…change the relationship of the federal government to the individual in a very fundamental way.” (1) But though Kennedy was probably unaware of it at the time, that “change” is precisely what the authors of ObamaCare have hoped to impose on the American public for decades. For healthcare itself was never the real purpose of the massive, complex and overreaching law, as the following information should make clear. Charged with defending the Constitutionality of the Act before the Court, Solicitor General Donald...
  • Justice Kennedy: Would leaving parts of ObamaCare in place be more “extreme” than entire repeal?

    03/28/2012 10:36:32 AM PDT · by SeekAndFind · 14 replies
    Hotair ^ | 03/28/2012 | Ed Morrissey
    So far there doesn't appear to have been any fireworks — or more accurately, duds --- at the Supreme Court today as there were yesterday. In part, that's because the topics under review aren't as explosive: severability and Medicaid expansion. That doesn't mean that the day has been entirely uninteresting, either, as Philip Klein reports for the Washington Examiner: Justices on the U.S. Supreme Court this morning considered what to do with the rest of President Obama's national health care law if its individual health insurance mandate is struck down. Though it was difficult to get a clear read on...
  • Early Reports from Supreme Court - Kennedy Gets it

    03/27/2012 9:05:53 AM PDT · by Bill Buckner · 45 replies
    Kennedy apprears to be very critical of Mandate provision. LA times headline "Justices signal possible trouble ahead for health insurance mandate," they note: “Are there any limits,” asked Justice Anthony Kennedy... “If the government can do this, what else can it … do,” Scalia asked? Politico headline, "No Fifth Vote Yet to Uphold," ... "The conservatives all express skepticism, some significant. They doubt that there is any limiting principle.
  • Justice Kennedy and the Fate of ObamaCare (The future of healthcare lies in one man's hands)

    09/30/2011 8:41:37 AM PDT · by SeekAndFind · 12 replies
    American Thinker ^ | 09/30/2011 | Joseph Ashby
    It's been one year, six months, and eight days since it happened. White-hot tempers have cooled. Dire predictions are rarer. Unlike many tumultuous situations, which in retrospect appear unworthy of our ire, the intensity that accompanied the passage of ObamaCare was well-suited to the size of the cause. Throughout the Western world, government-run health care has served to catalyze a permanent leftist political climate. Unlike the relatively limited nature of our current welfare state (which is already bankrupting the nation), the Patient Protection and Affordable Care Act is designed to reach across all age demographics and into nearly every income...
  • Did the Supreme Court Tip its Hand on ObamaCare?

    06/22/2011 11:51:08 PM PDT · by neverdem · 44 replies · 1+ views
    American Thinker ^ | June 23, 2011 | Frank Miniter
     On June 16 the U.S. Supreme Court sent a case (U.S. v. Bond) back to a lower court on Tenth Amendment grounds. The ruling, written by Justice Anthony Kennedy (the Court's "swing vote"), hints that ObamaCare just might be ruled unconstitutional. How? Justice Kennedy's opinion in U.S. v. Bond showed he still believes the federal government is restricted by the enumerated powers as listed in the U.S. Constitution. His viewpoint was expressed in a case the Lifetime network is probably making a movie about right now.            In this case, Carol Anne Bond learned that her best friend, Myrlinda Haynes, was...
  • Inside the Mind of Justice Kennedy: Will he strike down the individual mandate? (Probably)

    03/28/2011 7:16:31 AM PDT · by PJ-Comix · 17 replies
    The New Repubic ^ | March 28, 2011 | Frank J. Colucci
    fter decades of battles in the political system, and now in the courts, the fate of health care reform is likely to come down to the vote of one man: Justice Anthony Kennedy. As the swing vote on a Supreme Court closely divided between liberals and conservatives, he will almost certainly have the power to uphold or strike down the “individual mandate” that is a centerpiece of President Obama’s Affordable Care Act (ACA). Nobody seems able to predict what Kennedy will do, and even after years studying his jurisprudence, I am also unable to say with any certainty. I can,...
  • Arizona Gov. Jan Brewer slams 'foreign interference' in immigration lawsuit

    10/06/2010 7:28:01 PM PDT · by goldendays · 35 replies ^ | 10/06/2010 | SCOTT WONG |
    Jan Brewer is asking a federal court to disallow foreign governments from joining the federal lawsuit. | AP Photo Close By SCOTT WONG | 10/6/10 9:57 AM EDT Updated: 10/6/10 7:21 PM EDT In a new twist in the fight over Arizona’s immigration law, Republican Gov. Jan Brewer on Tuesday asked a federal court to disallow foreign governments from joining the U.S. Department of Justice lawsuit to overturn the law. The move comes in response to a 9th Circuit Court of Appeals ruling issued Monday, allowing nearly a dozen Latin American countries — Mexico, Argentina, Bolivia, Brazil, Costa Rica, Ecuador,...
  • Justice Kennedy: I think I’ll stick around until 2013 (SCOTUS hangs by a thread till then)

    07/06/2010 8:03:39 PM PDT · by SeekAndFind · 33 replies · 1+ views
    Hotair ^ | 07/06/2010 | Ed Morrissey
    Increasingly, Justice Anthony Kennedy has become the most important member of the Supreme Court. After the retirement of Sandra Day O’Connor, Kennedy serves as the swing vote between the conservative and liberal blocs on the Court, siding more often with conservatives (but not often enough for their taste). At 74, though, Kennedy is at an age when most men think of retirement — and his departure would set off a political firestorm on Capitol Hill the likes of which haven’t been seen since Clarence Thomas endured his trial by fire in the Senate.And maybe that’s why Kennedy tells close friends...
  • Conservative Justice Kennedy tells pals he's in no rush to leave Supreme Court

    07/06/2010 4:59:31 AM PDT · by Clintonfatigued · 60 replies
    The New York Daily News ^ | July 6, 2010 | Thomas M. Defrank
    President Obama may get liberal Elena Kagan on the Supreme Court, but conservative swing-voter Anthony Kennedy says he's not going anywhere anytime soon. Justice Kennedy, who turns 74 this month, has told relatives and friends he plans to stay on the high court for at least three more years - through the end of Obama's first term, sources said. That means Kennedy will be around to provide a fifth vote for the court's conservative bloc through the 2012 presidential election. If Obama loses, Kennedy could retire and expect a Republican President to choose a conservative justice. Kennedy, appointed by President...
  • High Court rules for free speech

    01/22/2010 3:17:59 AM PST · by Scanian · 10 replies · 434+ views
    NY Post ^ | January 22, 2010 | ALLISON R. HAYWARD
    The Supreme Court yesterday confronted a fact in constitutional law that has been hard to justify: How is it that the First Amendment protects obscene speech, nude dancing and talk radio -- but permits Congress to shut down independent political messages from corporations and labor unions? Why do those groups get second-class status when politics, rather than, say, simulated child porn, is the topic? In the Citizens United case, Justice Anthony Kennedy, writing for a five-justice majority, couldn't be clearer: The federal ban on such independent expenditures is unconstitutional on its face: "Speech restrictions based on the identity of the...
  • Justice Anthony Kennedy Puts The Country Between A Rock And A Hard Place

    09/02/2009 7:00:48 PM PDT · by neverdem · 14 replies · 1,038+ views
    Right Side News ^ | 02 September 2009 | Vincent Gioia
    In 2007 Justice Anthony Kennedy decided that what we exhale every second of our lives, carbon dioxide (CO2), is a pollutant. As a result of this one man's opinion, Americans will be subjected to government regulations that will change their world. In a 5-4 decision written by Justice John Paul Stevens the U.S. Supreme Court said the language of the Clean Air Act, defining "air pollutant" is a "sweeping definition, and the greenhouse gases", namely carbon dioxide, "fit well within the definition of air pollutant." It was the vote of Anthony Kennedy, who joined with the liberal block that decided...
  • The Great Caperton Caper (Did Anthony Kennedy Just Come to Sonia Sotomayor's Rescue?)

    06/09/2009 6:54:27 PM PDT · by nickcarraway · 4 replies · 508+ views
    Slate ^ | Monday, June 8, 2009 | Dahlia Lithwick
    Today the Supreme Court decided the odd, Grisham-like story of Caperton v. Massey—finding that a justice on the West Virginia Supreme Court should have recused himself in an appeal involving a party who spent millions of dollars to put him on the bench. But lost in all the high-power judgery is this fascinating fact: Both the majority and the dissent are pretty worried about judicial bias, the appearance of judicial bias, confidence in the integrity of the judiciary, and what to do about public confidence in human-seeming judges. These are precisely the issues Judge Sonia Sotomayor has openly grappled with...
  • Skepticism at the Court on Validity of Vote Law

    04/30/2009 2:53:43 AM PDT · by reaganaut1 · 2 replies · 343+ views
    New York Times ^ | April 29, 2009 | Adam Liptak
    A central provision of the Voting Rights Act of 1965, designed to protect minorities in states with a history of discrimination, is at substantial risk of being struck down as unconstitutional, judging from the questioning on Wednesday at the Supreme Court. Justice Anthony M. Kennedy, whose vote is likely to be crucial, was a vigorous participant in the argument, asking 17 questions that were almost consistently hostile to the approach Congress had taken to renewing the act in 2006. “Congress has made a finding that the sovereignty of Georgia is less than the sovereign dignity of Ohio,” Justice Kennedy said....
  • Despite gaffe, Supreme Court won't revisit landmark child-rape ruling

    10/01/2008 1:27:49 PM PDT · by mojito · 29 replies · 2,312+ views
    CSM ^ | 10/1/2008 | Warren Richey
    Less than a week before its October term is set to begin, the US Supreme Court became a spectacle of sound and fury on Wednesday over a landmark decision handed down three months ago declaring that the death penalty for child rapists is cruel and unusual punishment. At issue was whether the high court would revisit the landmark 5-to-4 decision after revelations last summer that contradicted the majority justices' conclusion that a "national consensus" had emerged against the death penalty for the rape of a child. The June 25 decision said only six states had laws authorizing capital punishment for...
  • The High Court's Supreme Clown

    07/04/2008 12:09:44 PM PDT · by T.L.Sink · 17 replies · 87+ views
    New York Post ^ | July 4, '08 | Rich Lowry
    Kennedy is the court's most important swing vote and its worst justice. He expects the nation to bend to his moral whimsy. He said "You know, in any given year, we may make more important decisions than the legislative branch does - precluding foreign affairs, perhaps." He was wise to include the "perhaps," in light of the recent Guantanamo decision. He went on to note how judges need an "understanding that you have an opportunity to shape the destiny of the country." So much for country's destiny being shaped by a free people acting through their legislative institutions.On any politically...
  • The Manifold Dangers of a Liberal Supreme Court

    07/04/2008 6:49:12 AM PDT · by K-oneTexas · 25 replies · 46+ views
    Family Security Matters ^ | 4 July 2008 | Christopher Adamo
    July 4, 2008 The Manifold Dangers of a Liberal Supreme Court Christopher AdamoAs far back as Sun Tzu, military strategists have well understood the concept that victory in war does not require the destruction of one's enemy, but merely convincing that enemy that destruction is inevitable if the fight continues. Similarly, in a dictatorship, absolute control is neither necessary nor, in most cases, even possible. All that is needed for the dictator to endure is the presumption among the underlings that the leader does indeed hold a monopoly of power. It is a point that Americans ought to seriously...
  • Some Evolution: The fraudulent “consensus” behind the Supreme Court’s child-rape ruling

    07/03/2008 1:07:28 PM PDT · by mojito · 13 replies · 186+ views
    National Review Online ^ | 7/2/2008 | Andrew McCarthy
    When our rulers on the Supreme Court invalidated the State of Louisiana's death penalty for child rapists — in the case appropriately titled Kennedy v. Louisiana, decided June 25 — Justice Kennedy and the Court's liberal bloc insisted that the Eighth Amendment does not mean what it meant when it was adopted. Rather, the question of what is "cruel and unusual" punishment is answered by "the evolving standards of decency that mark the progress of a maturing society." Such gobbledygook is the mark of Left-liberal hauteur. In an arrested-development society, getting older is not necessarily maturing, and chronological maturation is...
  • Our Worst Justice

    07/01/2008 10:55:09 AM PDT · by K-oneTexas · 5 replies · 17+ views ^ | June 30, 2008 | Rich Lowry
    Our Worst Justice by Rich Lowry Why did the Founders bother toiling in the summer heat of Philadelphia in 1787 writing a Constitution when they could have relied on the consciences of Supreme Court justices like Anthony Kennedy instead? Kennedy is the Supreme Court's most important swing vote and its worst justice. Whatever else you think of them, a Justice Scalia or Ginsburg has a consistent judicial philosophy, while Kennedy expects the nation to bend to his moral whimsy. With apologies to Louis XIV, Kennedy might as well declare "la constitution, c'est moi!" In a 2005 interview, Kennedy said of...
  • Justice Anthony Kennedy and Our Schizophrenic Supreme Court

    06/29/2008 1:02:05 PM PDT · by Free ThinkerNY · 26 replies · 169+ views ^ | June 29, 2008 | Larrey Anderson
    Conservatives were, rightly, thrilled by the recent Supreme Court decision that affirmed our constitutional right to keep and bear arms. Not so fast. Of the four important decisions the court has rendered in this term, three of them have gone the wrong way. Let's first take a brief look at each of these four cases. Then let us examine Justice Anthony Kennedy's thinking in these cases. Kennedy was either the deciding "swing vote" or the determining factor in each one. The only case correctly decided was (1) District of Columbia v. Heller. Justice Scalia wrote the Heller decision, which holds...
  • The Republic of Kennedy

    06/27/2008 5:26:20 AM PDT · by Zakeet · 13 replies · 71+ views ^ | June 27, 2008 | Mona Charen
    In the United States today we no longer enjoy the rule of law but instead the rule of lawyers — robed lawyers with the exalted title "justice" — but still unelected lawyers enacting their own policy preferences. Before their commonsense decision in the Second Amendment case, a different complement of justices (Justice Anthony Kennedy siding with the liberals) demonstrated what a flimsy hold the words of the Constitution have on our jurisprudence. In fact, when you consider that the court is pretty well divided between four liberals and four conservatives with Justice Kennedy swinging from one side to another as...
  • Don’t You Know There’s a War Going On?

    06/16/2008 8:52:49 AM PDT · by K-oneTexas · 21 replies · 58+ views
    Family Security Matters ^ | 16 June 2008 | Jeffrey Imm
    Don’t You Know There’s a War Going On? Jeffrey Imm I am sending U.S. Supreme Court Justice Anthony Kennedy a framed copy of a photograph of the remains of the World Trade Center West building after the 9/11 attacks with a note "Don't You Know There's A War On?" The Real Headline: "U.S. Supreme Court Doesn't Think We Are At War with Jihad"On June 12, 2008, the majority on the Supreme Court ruled in "Boumediene v. Bush," that habeas corpus rights guaranteed to American citizens under the Constitution will be extended to foreign Jihadist enemy combatants currently held at the...
  • Caption This: Supreme Court Justice Anthony Kennedy

    06/13/2008 8:40:41 AM PDT · by weegee · 40 replies · 212+ views
    AP Via Yahoo ^ | Fri Jun 13, 10:20 AM ET | AP Photo/Charles Dharapak
    Supreme Court Justice Anthony Kennedy arrives for a roundtable discussion titled 'Making Law Work for Everyone', Friday, June 13, 2008, at the Organization of American (OAS) in Washington. In writing for the court majority on the Supreme Court's decision on Guantanamo Bay on Thursday, Kennedy acknowledged the terrorism threat the country faces and the administration's justification for the detentions, but he declared, 'The laws and Constitution are designed to survive, and remain in force, in extraordinary times.' (AP Photo/Charles Dharapak) Supreme Court Justice Anthony Kennedy and former Secretary of State Madeleine Albright arrive for a roundtable discussion titled 'Making...
  • Justices Agree on Right to Own Guns (YES!)

    03/18/2008 3:26:06 PM PDT · by radar101 · 71 replies · 1,919+ views
    North County Times ^ | 18 MARCH 2008 | MARK SHERMAN
    WASHINGTON - Americans have a right to own guns, Supreme Court justices declared Tuesday in a historic and lively debate that could lead to the most significant interpretation of the Second Amendment since its ratification two centuries ago. Governments have a right to regulate those firearms, a majority of justices seemed to agree. But there was less apparent agreement on the case they were arguing: whether Washington's ban on handguns goes too far. The justices dug deeply into arguments on one of the Constitution's most hotly debated provisions as demonstrators shouted slogans outside. Guns are an American right, argued one...
  • (Supreme Court Justice Anthony) Kennedy urges action against injustice

    08/13/2007 9:49:13 PM PDT · by NormsRevenge · 24 replies · 660+ views
    AP on Yahoo ^ | 8/13/07 | AP
    SAN FRANCISCO - Supreme Court Justice Anthony Kennedy painted a dismal picture of injustice and lack of opportunity in much of the world, then told lawyers Monday that they must do something. Kennedy used a ceremony in which the American Bar Association presented him its highest award to talk about the plight of rape victims who must pay a fee before they file a complaint, young girls used by their families to have sex with tourists, prisoners who develop gangrene because they get no medical care. "The rule of law and your own freedom are not secure unless you address...
  • Court ruling hints at new abortion stance

    07/21/2007 2:56:02 AM PDT · by monomaniac · 3 replies · 508+ views ^ | Jul 18, 2007 | Chris Gacek
    Undoubtedly, the most significant aspect of the Supreme Court's April decision in Gonzales v. Carhart was that it narrowly upheld Congress' "partial-birth abortion" ban. That said, Justice Anthony Kennedy's opinion may affect America more for what it said about abortion than what it decreed about the law of abortion. The case appears to have opened up a new phase in abortion jurisprudence -- one in which abortion is largely permitted though disdained. This is not surprising, because Carhart represents the first recent occasion on which Kennedy set our national abortion policy. What may be surprising is how greatly both sides...