Justice Kennedy

New Gangs in Politics

Ted Kaufman | Posted 04.26.2012

Ted Kaufman

There are some new gangs in our political neighborhoods called "super PACS" and they distorted the outcome in a number of states during the Republican presidential nomination campaign.

Strip Search Ruling Is Outrageous

Laurence J. Kotlikoff | Posted 04.06.2012

Laurence J. Kotlikoff

Supreme Court Justice Anthony Kennedy made an absolutely terrible decision in voting with the four conservative justices that strip searches are permitted in all circumstances.

Supreme Court to Obamacare: Drop Dead?

Terry Connelly | Posted 04.04.2012

Terry Connelly

The Supreme Court's conservative majority seems to be caught up in what we might call the "broccoli patch."

Both Sides: Is Scalia a Pol in Robes? What If Races Reversed in Shooting?

HuffPost Radio | Posted 04.02.2012

HuffPost Radio

2011-11-29-20111107bothsidesnow.jpgMatalin and Kuby clash over health and race. If five Republican justices again rule along party lines, who are the judicial activists? What about Fox's complaint about a rush-to-judgment in Trayvon -- i.e., the Sherrod-Wright cable network? Then: Gaffe-Gate!

Whatever the Court's Ruling, the Political Battle Over Obamacare Has Already Been Lost

Ben Zweifach | Posted 05.29.2012

Ben Zweifach

Whether Justice Kennedy wakes up on the left or the right side of his bed this summer, the Court's ruling will hurt President Obama's campaign. The reality is that the political battle over Obamacare has already been lost.

Six Things Every Sane Person Should Know About the Healthcare Debate

Gordon Whitman | Posted 05.29.2012

Gordon Whitman

Take away the law, and we are stuck for a generation or more with the reality of a healthcare system that each year will cost more, deliver less and exclude more people.

If Health Care Reform Falls, Look in the Mirror

Karen Dolan | Posted 05.29.2012

Karen Dolan

While Americans who want affordable health care for all wring our hands and keep a stiff upper lip, blaming the misinformed conservative ideologues in Congress, in the Supreme Court, and in Tea Party get-ups, perhaps we should take a long look in the mirror.

Justice Kennedy Asks Key Question Re: Obamacare(s) Mandate

Laurence J. Kotlikoff | Posted 05.29.2012

Laurence J. Kotlikoff

Justice Kennedy should rule the mandate legal because otherwise he will be ruling on language, not substance, which is not his job.

Might Kennedy's Plea Bargain Decisions Reveal How He Will Swing on Health Care?

David Coleman | Posted 05.26.2012

David Coleman

One can hope Justice Kennedy's approach of seeing the world as it really functions, and not through ideological glasses, will incline him to be a swing vote to affirm the constitutionality of imposing insurance obligations for health care.

Mike Sacks

Montana Supreme Court Collides With U.S. Supreme Court Over Citizens United

HuffingtonPost.com | Mike Sacks | Posted 02.16.2012

The fate of Montana's century-old ban on corporate political spending is now in the hands of the U.S. Supreme Court, setting up a possible sequel to t...

Marriage Equality: Constitutionality, Not Morality, Will Ultimately Decide Prop. 8

Jelena Hasbrouck | Posted 04.15.2012

Jelena Hasbrouck

If Prop. 8 goes to the Supreme Court, Justice Kennedy won't vote in favor of gay marriage because it is morally correct. In fact, he doesn't think the Constitution is designed to determine morality. "Our obligation is to define the liberty of all, not to mandate our own moral code," Kennedy wrote.

Mike Sacks

Gay Marriage Ruling's Bid For One Justice's Vote Could Backfire

HuffingtonPost.com | Mike Sacks | Posted 02.10.2012

WASHINGTON -- Trying to play to Justice Anthony Kennedy's gut is a dicey endeavor. So when the U.S. Court of Appeals for the 9th Circuit on Tuesday st...

Court's Decision Will Not Stand the Test of Time and History

Fred Wertheimer | Posted 03.21.2012

Fred Wertheimer

Citizens must and will overcome the damage done to the country by five Supreme Court Justices who valued the right of corporations to influence elections over the right of citizens to be protected from corruption of their government.

Mike Sacks

Justice Kennedy Hints At Change Of Heart In Sixth Amendment Case

HuffingtonPost.com | Mike Sacks | Posted 12.07.2011

WASHINGTON -- On Tuesday morning, Justice Anthony Kennedy turned a constitutional inquiry he once derided as "formalistic and wooden" into one of his ...

Mike Sacks

What 'Citizens United' And A Case Tuesday Have In Common

HuffingtonPost.com | Mike Sacks | Posted 12.05.2011

WASHINGTON -- Justice Anthony Kennedy doesn't always cast the decisive swing vote. He too can be found in dissent, aggressively lobbying the law to tu...

The Fallacies of the Citizens United Decision

Robert Weissman | Posted 05.25.2011

Robert Weissman

Compare: Justice Kennedy, majority decision in Citizens United, January 21, 2010: With the advent of the Internet, prompt disclosure of expenditures...

Liberals Overreact to Citizens United

Jeff Norman | Posted 05.25.2011

Jeff Norman

Liberals and Democrats fear their ideological foes will benefit from the Court's decision, and the nascent campaigns launched in response are unmistakable acts of political warfare.

Justice Anthony Kennedy's Influence On Supreme Court Likely To Grow

AP | MARK SHERMAN | Posted 05.25.2011

WASHINGTON — Justice Anthony Kennedy, who already decides whether liberals or conservatives win the Supreme Court's most closely contested cases...

Will Supreme Court Do the Right Thing?

Lonna Saunders | Posted 05.25.2011

Lonna Saunders

The US Supreme Court decision on whether to strike down Chicago's handgun ban in McDonald v. Chicago, is expected to be announced later this month.

If Gun Ownership is a Right Then What Is Health Care, Chopped Liver?

Miles J. Zaremski | Posted 05.25.2011

Miles J. Zaremski

Shouldn't being healthy be given the same pedestal as gun ownership?

Why Citizens United Is a Fraud: A Guide for Non-Lawyers

Mark Green | Posted 05.25.2011

Mark Green

Here's a 10 point guide to an absurd, abstract, unprincipled, historic game-changer of a decision on Citizens v. United.

Referendum 71: US Supreme Court Judge Blocks Release Of Names In Gay Rights Ballot Fight

AP | MATTHEW DALY | Posted 05.25.2011

WASHINGTON — Supreme Court Justice Anthony Kennedy has temporarily blocked Washington state officials from releasing the names of people who sig...

Justice Kennedy: I Never Asked High School Paper To Approve Story About Me

Wall Street Journal | JESS BRAVIN | Posted 05.25.2011

In an interview Tuesday, Justice Kennedy said he never asked to clear the copy before publication. He said the request came from a new employee who mi...

Justice Kennedy Asks High School Paper To "Tidy Up" His Quotes

New York Times | ADAM LIPTAK | Posted 05.25.2011

It turns out that Justice Anthony M. Kennedy, widely regarded as one of the court's most vigilant defenders of First Amendment values, had provided th...

Supreme Court DNA Ruling: Once Again Roberts Court Allows "Procedural" Issues to Trump Justice

Robert Creamer | Posted 05.25.2011

Robert Creamer

The Supreme Court ruled Thursday that convicted inmates do not have the constitutional right to DNA testing, even though it could, as Justice Stevens said in his dissent, "ascertain the truth once and for all."