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Keyword: justicekennedy

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  • Kennedy's New 'Right to Dignity' Could Trump the Right to Free Speech and Religion

    07/07/2015 4:34:43 AM PDT · by IBD editorial writer · 31 replies
    Investor's Business Daily ^ | 07/06/2015 | John Merline
    When President Obama was first running for office in 2008, he promised that he'd go about "fundamentally transforming" America once in office. But it wasn't the 47-year-old Senator from Illinois — who went on to win two presidential elections — who'd bring about such a transformation. It was a 78-year-old unelected Supreme Court justice from California named Anthony Kennedy.
  • Justice Kennedy’s Bitter Truth - Ruling Will Unleash Legal Furies Against Those Who Disagree.

    06/30/2015 6:07:53 PM PDT · by JeepersFreepers · 28 replies
    The Wall Street Journal ^ | June 29, 2015 | William McGurn
    What can it possibly matter to you, they were asked, if two men or two women who love each other call their relationship marriage? We learned that it matters a great deal. It matters to Brendan Eich, who was forced to resign last year as CEO of the company he co-founded after it became public that he had donated $1,000 to Proposition 8, the successful California ballot measure banning same-sex marriage. It matters to Chick-fil-A, which in 2012 saw the mayors of Chicago and Boston declare the restaurant chain had no place in their cities because its chief executive held...
  • Scalia Hides Hint that Kennedy was PAID for the 5th Vote in footnote?

    06/26/2015 10:33:49 AM PDT · by xzins · 111 replies
    vanity | 25 Jun 15 | Xzins
    From Scalia's dissent on court conducting a putsch to overthrow the country: "22 If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie....
  • Swing Vote Justice Kennedy 'Not Persuaded' by LGBT Arguments at Supreme Court Hearing

    04/29/2015 7:48:33 AM PDT · by SeekAndFind · 57 replies
    Christian Post ^ | 04/29/2015 | Samuel Smith
    As the Supreme Court's oral arguments on whether states should be constitutionally obligated to issue same-sex marriage licenses adjourned Tuesday afternoon, Heritage Foundation's Ryan Anderson said in a news conference outside the building that the likely swing vote justice, Anthony Kennedy, was "not persuaded" by LGBT arguments. As many are predicting the Supreme Court's decision in June to come down to a narrow 5-4 vote, Justice Kennedy has been pegged again as the justice who is likely to decide which way the court leans in making the tough decision on whether the 14th Amendment requires states to uphold same-sex marriages...
  • Justice Kennedy and Marriage: A Guide for the Perplexed

    04/27/2015 7:12:47 AM PDT · by SeekAndFind · 9 replies
    National Review ^ | 04/27/2015 | by QUIN HILLYER
    By his own logic, Supreme Court Justice Anthony Kennedy should lead the court’s majority in upholding individual states’ laws against same-sex marriage. In the four conjoined cases on the subject set for oral argument April 28, the high court is asked not whether same-sex marriage is good policy. It is instead asked if such marriage is a national, constitutionally protected right, one so fundamentally interwoven in our nation’s fabric of protections that no state law can refuse to recognize it. Kennedy’s most recent decision regarding marriage, the 2013 case of U.S. v. Windsor, contained two notions seemingly in tension with...
  • A Child of Gay Parents Writes to Justice Kennedy

    03/03/2015 8:50:19 PM PST · by WilliamIII · 16 replies
    Crisis Magazine ^ | February 27 2015 | Katy Faust
    Dear Justice Kennedy, June is nigh, and with it will comes your ruling on the most contentious political issue of our time: marriage. I write because I am one of many children with gay parents who believe we should protect marriage. I believe you were right when, during the Proposition 8 deliberations, you said “the voice of those children [of same-sex parents] is important.” I’d like to explain why I think redefining marriage would actually serve to strip these children of their most fundamental rights. It’s very difficult to speak about this subject, because I love my mom. Most of...
  • A Child of Gay Parents Writes to Justice Kennedy (in support of traditional family)

    02/27/2015 2:51:13 PM PST · by NYer · 50 replies
    Crisis Magazine ^ | February 27, 2015 | KATY FAUST
    Dear Justice Kennedy,June is nigh, and with it will comes your ruling on the most contentious political issue of our time: marriage.I write because I am one of many children with gay parents who believe we should protect marriage. I believe you were right when, during the Proposition 8 deliberations, you said “the voice of those children [of same-sex parents] is important.” I’d like to explain why I think redefining marriage would actually serve to strip these children of their most fundamental rights.It’s very difficult to speak about this subject, because I love my mom. Most of us children...
  • Marriage and the Kennedy factor

    01/20/2015 8:05:09 AM PST · by HomerBohn · 10 replies
    GOP USA ^ | 1/20/2015 | Brian Fischer
    It's impossible to overestimate the damage that will be done to our constitutional republic if Justice Anthony Kennedy imposes homosexual marriage on the entire nation in blatant defiance of the express will of the people. The Supreme Court agreed on Friday to decide the issue of whether states can be compelled, against the will of the people and their elected representatives, to accept sodomy-based marriage. Voters in 31 states went to the polls to enshrine natural marriage in their state constitutions. The legislatures in another 13 states passed laws expressly forbidding recognition of homosexual marriages. While legislatures in a small...
  • Pin drop! Obama lawyer stuns Supreme justice

    03/25/2014 9:03:08 PM PDT · by Beave Meister · 106 replies
    WND ^ | 3/25/2014 | GREG COROMBOS
    In a dramatic moment at the Supreme Court Tuesday, Solicitor General Donald Verrilli told justices that U.S. business owners have no religious freedom to reject government mandates forcing them to cover abortions. Justices and lawyers also sparred over whether businesses actually have religious freedom and whether striking down the Obamacare mandate makes women second-class citizens. The notable abortion exchange between Verrilli and Justice Anthony Kennedy came during oral arguments in Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, two cases linked by the companies’ owners objecting to the Department of Health and Human Services requirement that businesses fully...
  • 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's 40,000 Children

    05/06/2013 11:21:25 AM PDT · by fwdude · 9 replies
    Public Discourse (The Witherspoon Institute) ^ | May 2, 2013 | Robert Oscar Lopez
    During oral arguments on Prop 8, Justice Kennedy alluded to the views of children of same-sex couples as if their desires and concerns are identical to and uncritical of their parents’ decisions. But the reality is far more complicated. During the oral arguments about Proposition 8, Justice Anthony Kennedy referred to children being raised by same-sex couples. Since I was one of those children—from ages 2-19, I was raised by a lesbian mother with the help of her partner—I was curious to see what he would say. (snip) I have heard of the supposed “consensus” on the soundness of same-sex...
  • Nine Justices or Fifty States? Who Should Decide Gay Marriage?

    03/29/2013 9:53:03 AM PDT · by Kaslin · 30 replies ^ | March 29, 2013 | Mark Davis
    I would like to think that Supreme Court justices are smarter than I am. At one level, they surely are. Their years of devotion to the practice and analysis of law involves countless pages of book-learning I will never undertake. Their brains must fairly bulge with minutiae I cannot grasp. But there is a difference between intelligence and wisdom. There are high school dropouts who have deep wells of astuteness about how to think, act and live in an enlightened way. And there are Ph.D.’s I would not let into my house. In one stunning moment Tuesday from the Supreme...
  • CNN Asks If Traditional Marriage Defenders Are 'On the Wrong Side of History'

    03/25/2013 2:54:21 PM PDT · by markomalley · 44 replies
    Newsbusters ^ | 3/25/2013 | Matt Hadro
    Hyping "growing support" for same-sex marriage, CNN's Carol Costello asked a supporter of California's Proposition 8 on Monday if he was "on the wrong side of history" for legally defining marriage as between one man and one woman. Her tone fits right with Friday's CNN panel where a traditional marriage supporter was disgustingly marginalized as a segregationist and compared to a slave owner. Costello cited GOP strategist Karl Rove admitting that he could see a Republican presidential candidate publicly support same-sex marriage in 2016. She then asked Austin Nimocks of the Alliance Defense Fund, "Austin, you heard what Karl Rove...
  • The Foresight of Justice Kennedy

    03/16/2013 9:50:02 AM PDT · by Kaslin · 4 replies ^ | March 16, 2013 | Brett Harvey
    Since the 1950s the Longview, Wash. City Council has opened its public meetings with prayer, as Congress has done for 239 years. But fear of a lawsuit from groups like the ALCU has caused the mayor to tell the local ministerial association that it is “not acceptable” for ministers who volunteer to give a Christian prayer that refers to Jesus. To their credit, the ministers refused to give a generic prayer that violates the convictions of their faith. So, for fear of an ACLU threat, city officials decided to exclude ministers simply because their faith teaches them to pray...
  • Please Don’t Take Offense

    07/08/2012 6:48:54 AM PDT · by Kaslin · 20 replies ^ | July 8, 2012 | Rich Tucker
    In spring, bicycles come out of storage, newspaper photographers snap pictures of people riding them, and those photos generate letters of complaint to The Washington Post. “You do both bikers and wannabes a great disservice in illustrating this article with a photograph of a biker who is not wearing a helmet,” wrote a correspondent on May 19 . "This isn't the first time The Post has done this. Please give more consideration to issues of safety and awareness." A week later, a different writer added, “I would appreciate that The Post (in addition to publishing the helmet comments that have...
  • Did Justice Roberts Trade Votes with Justice Kennedy?

    06/27/2012 9:52:52 AM PDT · by SeekAndFind · 45 replies
    American Thinker ^ | 06/27/2012 | Jason Kissner
    Did Justice Roberts trade votes with Justice Kennedy in the Arizona decision handed down Monday? I certainly hope so, for he would have struck a blow for constitutional conservatism. I will explain: Many Court observers have expressed surprise at Chief Justice Roberts joining the majority opinion of Justice Anthony Kennedy, which struck down three of four provisions at issue with Arizona's S.B. 1070 and left the fourth on life support in terms of jurisprudence, and all but dead in terms of practice. As Justice Scalia noted in a dissent that was animated even by Scalia standards, the Supreme Court's decision...
  • MaoBama And The House Of Cards… Redux.

    04/02/2012 8:10:22 PM PDT · by ^ | April 2nd., 2012 | Skip MacLure
    You told us in your multitude of yammering, meaningless phrases from your legions of slavish media symbionts that you and your Utopian schemes were inevitable… that we, the American people, the backbone of this greatest nation state in the history of the world, just needed to step away and genuflect before your brilliance and soaring rhetoric. We’ve had three really miserable years to attest for the magnitude of the error of electing you, Barack Hussein Obama. It’s an error we will correct very soon. I wrote about Obama and his nearly delusional “House of Cards” some time ago. I get...
  • Don't Count On Justice Kennedy (Based On His Comments Today)

    03/27/2012 3:32:49 PM PDT · by Williams · 62 replies
    Vanity Analysis Of SCOTUS Transcript | 3/27/12
    Just finished reading the transcripts of today's oral arguments. I know everyone is saying it was a disaster for the Obamacare mandate. It is clear from the transcript that Justice Kennedy is the swing vote. He expressed both concern and sympathy for the government's argument. His two most emphatic comments are below. Based on these I would NOT count on which way he will rule. First, this is from Kennedy's questioning of the Solicitor General who was defending Obamacare: JUSTICE KENNEDY: "But the reason, the reason this is concerning, is because it requires the individual to do an affirmative act....
  • Justice Roberts: Can the government make you buy a cell phone?

    03/27/2012 12:09:57 PM PDT · by NoLibZone · 54 replies
    politico ^ | Marhc 27 2012 | BYRON TAU
    Opponents of the individual mandate provision of President Obama's health care law contend that if the government can force you to buy health insurance, its powers of compulsion are virtually unlimited. Chief Justice John Roberts wonders what else Washington can force citizens to buy in this exchange: CHIEF JUSTICE ROBERTS: Well, the same, it seems to me, would be true say for the market in emergency services: police, fire, ambulance, roadside assistance, whatever. You don't know when you're going to need it; you're not sure that you will. But the same is true for health care. You don't know if...
  • Supreme Court Update: Swing Vote Justice Kennedy Harshly Questions Obamacare – Strike Down Likely?

    03/27/2012 12:31:30 PM PDT · by TexasConservativeRepublican · 15 replies
    Texas GOP Vote ^ | 3-26-2012 | David Bellow
    The second day of the Obamacare trial at the U.S. Supreme Court has wrapped up. The first day was not filled with much of the meat and potatoes that everyone has waited to see. Texas Attorney General Greg Abbott posted this video update about the first day of the trial. This second day of the Obamacare trial is EXACTLY what people have been waiting for. This second day focused on the Constitutionality and Consequences of the individual mandate. Justice Kennedy is believed to be the swing vote. If he goes against Obamacare, then the Healthcare Law gets struck down. If...
  • Supreme Court Update: Swing Vote Justice Kennedy Harshly Questions Obamacare – Strike Down Likely?

    03/27/2012 12:10:40 PM PDT · by TexasConservativeRepublican · 11 replies
    Texas GOP Vote ^ | 3-26-2012 | David Bellow
    The second day of the Obamacare trial at the U.S. Supreme Court has wrapped up. The first day was not filled with much of the meat and potatoes that everyone has waited to see. Texas Attorney General Greg Abbott posted this video update about the first day of the trial. This second day of the Obamacare trial is EXACTLY what people have been waiting for. This second day focused on the Constitutionality and Consequences of the individual mandate. Justice Kennedy is believed to be the swing vote. If he goes against Obamacare, then the Healthcare Law gets struck down. If...
  • Argument recap: It is Kennedy’s call

    03/27/2012 10:47:22 AM PDT · by bkopto · 13 replies
    SCOTUSBlog ^ | March 27, 2012 | Lyle Denniston
    If Justice Anthony M. Kennedy can locate a limiting principle in the federal government’s defense of the new individual health insurance mandate, or can think of one on his own, the mandate may well survive. If he does, he may take Chief Justice John G. Roberts, Jr., and a majority along with him. But if he does not, the mandate is gone. That is where Tuesday’s argument wound up — with Kennedy, after first displaying a very deep skepticism, leaving the impression that he might yet be the mandate’s savior. If the vote had been taken after Solicitor General Donald...
  • Good news on the Obamacare front?

    03/27/2012 9:45:03 AM PDT · by landsbaum · 15 replies
    Don’t read to much into this, but there may be a hint of what’s to come in this exchange today, the second day of questioning by Supreme Court justices in the Obamacare hearings: “Justice Anthony Kennedy told lawyers defending the law that the government as a ‘heavy burden of justification’ to prove that the government can require citizens to purchase a service,” reports the Wall Street Journal. “Several justices’ questions compared the individual mandate to a hypothetical mandate to buy burial services.” . . .
  • An ObamaCare Legal Precedent? Justice Kennedy gives a boost to the doctrine of enumerated powers

    06/29/2011 8:52:00 AM PDT · by american_steve · 8 replies
    The Wall Street Journal, ^ | 06/28/2011 | David B. Rivkin Jr. and Lee A. Casey
    The Supreme Court's most important ruling this year may have been its unanimous decision in Bond v. United States, which held that individual citizens can challenge federal statutes when they encroach on authority the Constitution reserves to the states. The decision, authored by Justice Anthony Kennedy, has far-reaching implications—especially for the government's efforts to defend ObamaCare. The facts of the case were curious, to say the least. Defendant Carol Bond, having discovered that her close friend was pregnant by her husband, sprinkled caustic substances on a mailbox, car-door handle and door knobs. The substances worked: The hated paramour suffered minor...
  • Kelo Court vs. 2010 Supremes: A Vast Improvement -- for now [vanity]

    04/24/2010 11:30:13 AM PDT · by Arthur Wildfire! March · 5 replies · 342+ views
    During 0-bama's State of Disunion, he used his congress-rats to help gang up on the Supreme Court. Alito was flailed for mouthing "not true". It was an ugly day for us conservatives, and it was also a confusing day for at least one former leftist, a friend of mine who had turned from being a Hillary supporter to a Ron Paul supporter. [A way yet to go, I admit -- but excellent headway for a 2nd generation yellow-dog.] But 0 did manage to confuse him. Our 'evil' supreme court now schemes to "allow funnelling of foreign money". He's now completely...
  • From Gitmo to Miranda, With Love

    08/10/2008 9:58:37 AM PDT · by PurpleMountains · 14 replies · 158+ views
    From Sea to Shining Sea ^ | 8/10/08 | Purple Mountains
    Recently the Supreme Court, in a 5 to 4 decision, extended constitutional rights to enemy aliens captured on the battlefield and held outside the United States. As a result of this case, Guantanamo Bay detainees now have more rights than do prisoners of war under the Geneva Convention. This has never before been the policy of the United States, nor has the court ever before granted such rights to those detained outside of U.S. jurisdiction. The activities of a released prisoner, Abdullah Saleh Al-Ajmi, discussed in the following report written by the sister of the pilot killed on Flight 77...
  • Dead Men Walking

    07/02/2008 10:24:55 AM PDT · by K-oneTexas · 6 replies · 102+ views
    Weekly Standard ^ | 07/02/2008 | Erin Sheley
    Dead Men Walking Why Kennedy v. Louisiana could spell the beginning of the end of the death penalty. by Erin Sheley THERE IS MUCH TO find loathsome about Justice Kennedy's opinion in Kennedy v. Louisiana, in which the Supreme Court ruled that the Louisiana statute allowing capital punishment for child rapists is unconstitutional. Most morally disgusting is the Court's conclusory recognition of "an incongruity between the crime of child rape and the harshness of the death penalty," which in this case would have been imposed on a man whose assault on his eight-year-old stepdaughter tore her internal organs away from...
  • THE HIGH COURT'S SUPREME CLOWN["Kennedy is the court's...worst justice."]

    07/01/2008 4:27:22 AM PDT · by coffee260 · 30 replies · 95+ views
    NYPOST ^ | 07/01/08 | 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 court's most important swing vote and its worst justice. Whatever else you think of them, a Justice Antonin Scalia or Ruth Bader 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!
  • 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...
  • Court hears guns case (Justice Kennedy, Second Amendment gives "a general right to bear arms")

    03/18/2008 9:45:02 AM PDT · by NormsRevenge · 138 replies · 3,589+ views
    AP on Yahoo ^ | 3/18/08 | Mark Sherman - ap
    WASHINGTON - The Supreme Court appeared ready Tuesday to endorse the view that the Second Amendment gives individuals the right to own guns, but was less clear about whether to retain the District of Columbia's ban on handguns. The justices were aware of the historic nature of their undertaking, engaging in an extended 98-minute session of questions and answers that could yield the first definition of the meaning of the Second Amendment in its 216 years. A key justice, Anthony Kennedy, left little doubt about his view when he said early in the proceedings that the Second Amendment gives "a...
  • Kennedy's Turn Signals (GITMO & habeus corpus)

    12/07/2007 4:41:25 PM PST · by neverdem · 30 replies · 68+ views ^ | December 06, 2007 | Jan Crawford Greenburg
    Throughout yesterday’s argument in the Guantanamo detainee cases, all eyes were focused, of course, on Justice Kennedy. With the Court presumably divided 4-4 along ideological lines, Kennedy once again is at the wheel, deciding where he’s going to take the car. He’s taken a left in the past, joining with liberals to rule against the Bush Administration in earlier legal challenges in the war on terror. And last spring, after the Court first decided it was premature to take up the detainees’ case, Kennedy later took the highly unusual step of switching his vote to jump into it (as did...
  • Justice Kennedy takes 'center' stage on court

    10/22/2006 10:20:25 AM PDT · by Norman Bates · 21 replies · 810+ views
    The Washington Times ^ | October 22, 2006 | Associated Press
    When Anthony M. Kennedy takes his seat among the black-robed justices of the Supreme Court, his presence behind the raised mahogany bench is remarkably unremarkable. There is nothing of the buttoned-down manner of Chief Justice John G. Roberts Jr., the professorial mien of Ruth Bader Ginsburg or the biting wit of Antonin Scalia. Genial and unassuming, Justice Kennedy poses questions without any display of theatrics. Outside the courthouse, tourists have been known to enlist his help snapping photos, unaware that they are pressing a justice into service. Yet after 18 years on the court, at 70, Justice Kennedy has emerged...
  • Stay of Soledad cross removal extended (to allow for potential review by SCOTUS as needed)

    07/07/2006 8:03:15 PM PDT · by NormsRevenge · 36 replies · 1,959+ views
    San Diego Union - Tribune ^ | 7/7/06 | Greg Moran
    U.S. Supreme Court Justice Anthony Kennedy ordered Friday that his temporary stay protecting the Mount Soledad cross extend until state and federal courts can hear the city of San Diego's appeal this fall. In blocking a federal judge's order that the city remove the cross by Aug. 1 or face a daily fine of $5,000, Kennedy also indicated that the full court may want to review the controversial case. Kennedy said the court, which refused three years ago to get involved in the dispute, may consider it because of two new factors favorable to cross proponents. He cited legislation to...
  • Immigration Bill Grants Illegals In-state Tuition

    04/09/2006 2:55:30 PM PDT · by Tolerance Sucks Rocks · 12 replies · 909+ views
    Newsmax Insider Report | April 9, 2006 | Newsmax
    1. Immigration Bill Grants Illegals In-state Tuition After the Senate Judiciary Committee approved and distributed a proposal for granting legal status to many undocumented aliens, conservatives were alarmed to discover that the 471-page bill makes illegal aliens eligible for in-state tuition costs. Under the proposal, illegals could pay the low tuition charged students who attend state universities in their home state, while legal residents of the U.S. would still be required to pay the much higher costs charged students who attend schools outside their state, the Washington Times reports. "This means that while American citizens from Tennessee, Georgia, South Carolina,...
  • Swing Justice (Anthony Kennedy attacks the media and wonders if liberals hate him)

    04/06/2006 11:41:42 AM PDT · by RWR8189 · 15 replies · 1,328+ views
    Wall Street Journal ^ | April 6, 2006 | The Editors
    Supreme Court Justice Anthony Kennedy lashed out at our humble profession last week, castigating editorial writers whom he said frequently "misinterpret" the Court's reasoning, according to an article in Monday's Washington Post. The Justice didn't single out any newspaper, though we'll admit to having referred to his jurisprudence on more than one occasion as "protean." We'd humbly reply to Justice Kennedy that it is precisely this trait that has invited such media mau-mauing. While nominated as a conservative by Ronald Reagan, Justice Kennedy has proven on the High Court that he is open for intellectual rent: from his flip-flop on...
  • Using Foreign Law Is The Real Supreme Court Test

    09/16/2005 8:01:41 AM PDT · by KevinNuPac · 15 replies · 937+ views
    GOPUSA ^ | September 16, 2005 | Kevin Fobbs
    Using Foreign Law Is The Real Supreme Court Test By Kevin Fobbs The Supreme Court may not continue to be the supreme court of the land if the judicial philosophy of Justices Anthony Kennedy, Ruth Bader Ginsberg and Stephen Breyer of using foreign law rulings in adjudicating American cases is permitted to become standard practice by the justices. Even as the confirmation battle rages over the US Senate hearing for D.C. Federal Appeals Court Judge John Robert's bid to become the next chief justice of the U.S. Supreme Court, there is another more pressing battle in our nation's capitol. Unfortunately...
  • An Open Letter to Justice Kennedy

    06/25/2005 9:50:56 AM PDT · by Congressman Billybob · 121 replies · 2,502+ views
    Special to FreeRepublic ^ | 24 June, 2005 | John Armor (Congressman Billybob)
    Dear Justice Kennedy, I agree with what you wrote, this week. No, I don’t mean your part in the decision that any government can take anybody’s house, any time. We’ll get back to that reprehensible case. No, I agree with your speech to the Florida Bar Association last Friday. Most folks don’t pay much attention to Justices’ speeches on the rubber chicken circuit. I do. As usual, the Associated Press title was misleading. It said, “Lawyers Must Defend Judiciary from Attacks.” What you actually said was, “When judges are attacked unfairly, it’s proper for the bar over the course of...
  • Establishing a constitutional right to social liberalism

    05/04/2005 5:39:53 AM PDT · by Molly Pitcher · 7 replies · 476+ views
    Townhall ^ | 5/4/05 | Ben Shapiro
    Gov. Jeb Bush of Florida is under fire once again for upholding traditional morality. And, once again, his detractors are citing the "right to privacy" to attack him. State law in Florida requires that the Department of Children and Families not consent to "sterilization, abortion or termination of life support." Yet on Monday, May 2, a circuit court judge in Florida, Ronald Alvarez, ruled that a pregnant 13-year-old girl in state custody had a right to an abortion despite the state's objections. The girl ran away from her state home in January, became pregnant and asked her caseworker to schedule...
  • The Supreme Court Now Bases Its Decisions on other countries...

    03/08/2005 3:54:53 AM PST · by Just Kimberly · 8 replies · 517+ views
    American Family Association ^ | 3/2005 | Donald Wildmon,Founder and Chairman
    -------------------------------------------------------------------------------- The Supreme Court Now Bases Its Decisions Not On Our Constitution Alone, But Also On Laws Of Other Nations The Supreme Court now uses foreign law in making its decisions Did you know that our Supreme Court has begun making law based not on our constitution alone, but also on the laws of other nations? If you find that hard to believe, read on. In their decision legalizing sodomy, Justice Anthony Kennedy wrote for the majority of the court saying it took into consideration the laws of other nations in reaching their decision: "The laws of Northern Ireland forbade...
  • European justice supreme?

    03/04/2005 10:42:55 PM PST · by Former Military Chick · 9 replies · 644+ views
    The Washington Times ^ | March 05, 2005 | Debra J. Saunders
    So now the U.S. Supreme Court is writing decisions based on what Our Betters in Europe think is best. That's what the Big Bench did Tuesday when it issued a 5-4 decision, written by Justice Anthony Kennedy, overturning the death penalty for crimes committed by minors. Let me stipulate. The outcome -- an end to executions of those who committed crimes as minors -- isn't what bothers me here. There is an argument to be made that, as per the Eighth Amendment, it is "cruel and unusual" to execute those convicted of crimes committed when they were minors. Minors, as...
  • High Court Permits Foster Photos Withheld

    03/30/2004 7:24:40 AM PST · by LurkedLongEnough · 92 replies · 601+ views
    NY Post ^ | March 30, 2004 | GINA HOLLAND
    <p>WASHINGTON (AP) -- The Supreme Court ruled Tuesday that the government does not have to release 11-year-old photographs from the suicide of Clinton administration White House lawyer Vincent Foster.</p> <p>The unanimous decision makes it more difficult to use a public records law to access law enforcement records. Justices said the privacy rights of survivors outweigh the benefits of releasing some photographs.</p>