Tag Archives: Justice Kennedy

Kennedy’s Schuette Decision is Really About Same-Sex Marriage

Yesterday, the Supreme Court upheld Michigan’s ban on the use of affirmative action in college admissions. Justice Kennedy wrote the opinion for a very divided Court. Kennedy’s opinion explained that the political process doctrine cases do not apply because those … Continue reading

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Is Same-Sex Marriage Unbeatable in Court?

“It’s over,” declare David S. Cohen and Dahlia Lithwick at Slate. Cohen and Lithwick have boldly claimed that same-sex marriage can no longer lose in courts. The Slate article points to eighteen cases involving same-sex issues that have been decided since SCOTUS’s … Continue reading

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What Will Kennedy Do?–Same-sex Marriage Prediction Part Two

The Supreme Court should issue its ruling in the same-sex marriage cases this week, and as I explained in my previous post, eight of the nine Supreme Court Justices will likely split 4-4 along ideological lines in Perry and Windsor. … Continue reading

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Guide to the Oral Argument Transcripts in the Same Sex Marriage Cases

Today and tomorrow, the Supreme Court hear oral arguments in the same sex marriage cases. I will post links to the transcripts when they become available (each afternoon). The transcripts of major cases like these are well worth reading, but … Continue reading

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The Obamacare Decision Full Text and Cheat Sheet

The full text of the Supreme Court’s Obamacare decision can be found here. All of Obamacare, including the individual mandate, has been upheld! (though the Medicaid provisions have been somewhat limited). For a step-by-step guide to reading the decision, click … Continue reading

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Slowly But Surely Same Sex Marriage Headed to Supreme Court

Two years ago, I predicted that the legal controversy in California over Proposition 8 (which banned gay marriage in the state) would eventually make its way to the Supreme Court, which would lead the Court to hold that there is … Continue reading

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Now This Changes Everything: The Obamacare Oral Arguments Explained

Prior to Tuesday morning, journalists and experts spent quite a lot of time speculating about how Justice Scalia and Justice Roberts would vote on Obamacare. That was kind of like the media speculating about which 2008 presidential candidate would win … Continue reading

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