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Author: Supreme Court Supreme Court of the United States
Publisher:
ISBN: 9781722039219
Category :
Languages : en
Pages : 256
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Book Description
Supreme Court Justice Anthony Kennedy's most important opinions include: OBERGEFELL v. HODGES (No. 14-556) UNITED STATES v. WINDSOR (No. 12-307) CITIZENS UNITED v. FEC (No. 08-205) BOUMEDIENE v. BUSH (No. 06-1195) LAWRENCE ET AL. v. TEXAS (No. 02-102) ROMER V. EVANS (No. 94-1039) PLANNED PARENTHOOD v. CASEY (No. A-655)
Author: Supreme Court Supreme Court of the United States
Publisher:
ISBN: 9781722039219
Category :
Languages : en
Pages : 256
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Book Description
Supreme Court Justice Anthony Kennedy's most important opinions include: OBERGEFELL v. HODGES (No. 14-556) UNITED STATES v. WINDSOR (No. 12-307) CITIZENS UNITED v. FEC (No. 08-205) BOUMEDIENE v. BUSH (No. 06-1195) LAWRENCE ET AL. v. TEXAS (No. 02-102) ROMER V. EVANS (No. 94-1039) PLANNED PARENTHOOD v. CASEY (No. A-655)
Author: Congressional Service
Publisher: Createspace Independent Publishing Platform
ISBN: 9781723252778
Category :
Languages : en
Pages : 72
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Book Description
On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an Associate Justice on the Supreme Court of the United States. His decisive role on the Court, particularly since the Roberts Court era began in 2005, cannot be overstated. The Roberts Court era has witnessed the Court issue a number of landmark rulings, many of which have involved matters where the sitting Justices were closely divided. Justice Kennedy typically voted with the majority of the Court in such cases. Since the October 2005 term that marked the beginning of the Roberts Court, Justice Kennedy voted for the winning side in a case more often than any of his colleagues in 9 out of 12 terms. Unlike several other Justices on the Court, Justice Kennedy did not necessarily subscribe to a particular judicial philosophy, such as originalism or textualism. Instead, Justice Kennedy's judicial approach seemed informed by a host of related principles. First, Justice Kennedy's views on the law were often grounded in concerns for personal liberty, particularly freedom from government interference with thought, belief, expression, and certain intimate conduct. His emphasis on liberty manifested itself in a range of opinions he wrote or joined during his tenure on the Court, including on issues related to free speech, religious freedom, and government policies concerning same-sex relationships. Second, the structural protections of the Constitution-i.e., restraints imposed on the federal government and its respective branches by the doctrines of federalism and separation of powers-also animated Justice Kennedy's jurisprudence. For Justice Kennedy, separation of powers was a "defense against tyranny," and he authored or joined a number of Court opinions that invalidated on separation-of-powers grounds intrusions on the executive, legislative, or judicial functions. Likewise, during the Rehnquist Court and Roberts Court eras, Justice Kennedy joined several majority opinions that recognized federalism-based limitations on the enumerated power of the federal government, established external limitations on Congress's legislative powers over the states, and reaffirmed protections for state sovereignty. Third, Justice Kennedy's jurisprudence was undergirded by his view that the Court often has a robust role to play in resolving issues of national importance. With Justice Kennedy casting critical votes, over the last 30 years the Court has reasserted its role in a number of areas of law in which it was previously deferential to the judgment of the political branches. Given Justice Kennedy's outsized role on the Roberts Court, whoever succeeds him could have an important influence on any number of areas of law. In particular, Justice Kennedy's votes were critical to the outcome of numerous Court decisions on matters relating to abortion, business law, civil rights, the death penalty, the regulation of elections, eminent domain, the environment, federalism, the First Amendment, gun rights, immigration, national security, oversight of the administrative state, and separation of powers. Accordingly, Justice Kennedy's jurisprudence in these areas-particularly in cases where he was the deciding vote-may be especially relevant to the Senate as it determines whether to approve the President's nominee to replace the soon-to-be-retired Justice. On July 9, 2018, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to- fill the impending vacancy on the Supreme Court caused by Justice Kennedy's scheduled retirement. CRS reports analyzing Judge Kavanaugh's jurisprudence on particular areas of the law, as well as a tabular listing of lower-court decisions in which he authored opinions, are in preparation.
Author: Frank J. Colucci
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 264
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Book Description
Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.
Author: Helen J. Knowles
Publisher: Rowman & Littlefield
ISBN: 1538124165
Category : Law
Languages : en
Pages : 320
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Book Description
At the end of Kennedy’s tenure as the most important swing justice in recent Supreme Court history, Helen Knowles provides an updated edition of her highly regarded book on Justice Kennedy and his constitutional vision.
Author: Bob Italia
Publisher: ABDO & Daughters
ISBN: 9781562390945
Category : Juvenile Nonfiction
Languages : en
Pages : 44
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Book Description
A career biography of Supreme Court Associate Justice Anthony Kennedy.
Author: Anthony Kennedy
Publisher: Simon & Schuster
ISBN: 9781668052815
Category : Law
Languages : en
Pages : 0
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Book Description
From one of America’s most influential judges comes an inside account of thirty years on the Supreme Court and major cases on abortion, affirmative action, freedom of speech, gay marriage, separation of powers, and federalism. The most consequential Supreme Court justice of the 21st century has been Anthony M. Kennedy. Unlike his historical peers from Marshall to Warren, his mark was made not by articulating a singular vision of the Constitution, but from the fact that he stood at the ideological center of a deeply divided Court. In a string of landmark rulings, it was Kennedy’s distinctive constitutional vision that proved decisive: on abortion (Gonzales and Casey), on gay rights (Obergefell), on freedom of speech (Citizens United), on freedom of religion (Masterpiece Cakeshop), on separation of powers (Zivotofsky II and Boumediene), on affirmative action (Fisher v. University of Texas), on the death penalty (Roper), and more. In these cases, it was Kennedy’s written opinion that defined the law of the land. Sometimes, he was writing on behalf of the Court’s liberals, other times on behalf of its conservatives. In Life and Law: The Court Years, he explains his decisions and how he came to them, wrestling with the contrast between his beliefs and what he thought the Constitution actually means. The book is a deep examination of how a judge decides a case and grows intellectually as each new one builds upon the last. It is also the story of how the Supreme Court functions, with vivid portraits of Kennedy’s colleagues over the years. Here is the two-man “civility committee” run by Kennedy and John Paul Stevens to make sure Brennan and Scalia made up after arguments, William Rehnquist nursing his sick wife, Byron White and Clarence Thomas’s rivalry on the basketball court, and a personal testament to the strength of Sandra Day O’Connor.
Author: Anthony Kennedy
Publisher: Simon and Schuster
ISBN: 1668052768
Category : Law
Languages : en
Pages : 0
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Book Description
Anthony Kennedy’s journey from an idyllic youth in 1940s Sacramento to service on the highest courts in America. Anthony Kennedy did not take the usual path to a seat on the Supreme Court. Often, the phrase “constitutional lawyer” brings to mind graduates of fine universities engaged in philosophic discourse as they walk the halls of government. Although Kennedy attended Stanford and the London School of Economics and then Harvard Law School, he made his way as a lawyer with a wide-ranging small-town practice that included criminal and civil trials, advice in forming and managing corporations, estate planning, and tax advice. For him, the law was not just an idea but a reality that touches Americans’ lives every day. The nation’s “little c” constitution—community, customs, and mores—proved as important as the “big C” Constitution adopted in 1789. Justice Antonin Scalia’s one-time quip that the law is what “five Ivy-educated constitutional law professors say it is on a given day,” may literally have captured Justice Kennedy—he was an Ivy-educated constitutional law professor. But the comment missed the distinctive background and mindset Justice brought to both the classroom and the bench. Born in Sacramento in 1936, the Irish-Catholic Kennedy grew up in a family active in civic affairs. The bookish youngster served as page in the California State Senate, but the teenager worked summers on oil rigs in Canada, Montana, and Louisiana. He attended Stanford and the London School of Economics, then went east to Harvard Law School. When he returned to Sacramento in 1963, it was to take over his late father’s law practice. It was a busy and rewarding life, taking him into courtrooms and prisons. In addition, his work brought him into contact with the state’s political elite. Kennedy and his wife helped the newly elected governor Ronald Reagan find a house in Sacramento in 1966, and he was in close consultation with those in Reagan’s kitchen cabinet. Then in 1975, Gerald Ford appointed him to the federal judiciary. He was just thirty-eight and the youngest federal appellate court judge in the nation. His life now turned toward Washington, but it was Sacramento that was the making of a consequential jurist. When Kennedy left active service on the Supreme Court in 2018, Justice Neal Gorsuch noted, “As great as Justice Kennedy’s legal legacy may be, I cannot help but wonder if today the person may have as much to teach us as the judge.”
Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 030774132X
Category : Law
Languages : en
Pages : 546
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Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: David A. Frank
Publisher: Penn State Press
ISBN: 0271096144
Category : Language Arts & Disciplines
Languages : en
Pages : 295
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Book Description
Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
Author: Richard Beeman
Publisher: Penguin
ISBN: 0143121995
Category : Political Science
Languages : en
Pages : 178
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Book Description
A selection of the landmark Supreme Court decisions that have shaped American society Penguin presents a series of six portable, accessible, and—above all—essential reads from American political history, selected by leading scholars. Series editor Richard Beeman, author of The Penguin Guide to the U.S. Constitution, draws together the great texts of American civic life, including the founding documents, pivotal historical speeches, and important Supreme Court decisions, to create a timely and informative mini-library of perennially vital issues. The Supreme Court is one of America's leading expositors of and participants in debates about American values. Legal expert Jay M. Feinman introduces and selects some of the most important Supreme Court Decisions of all time, which touch on the very foundations of American society. These cases cover a vast array of issues, from the powers of government and freedom of speech to freedom of religion and civil liberties. Feinman offers commentary on each case and excerpts from the opinions of the Justices that show the range of debate in the Supreme Court and its importance to civil society. Among the cases included will be Marbury v. Madison, on the supremacy of the Constitution and the power of judicial review; U.S. v. Nixon, on separation of powers; and Hamdi v. Rumsfeld, a post-9/11 case on presidential power and due process.
