Anthony Kennedy

Brewer Claims Early Supreme Court Victory

Posted 04.25.2012

Arizona Gov. Jan Brewer declared an early victory in the Supreme Court for her state's controversial immigration law, saying Wednesday's court hearing...

Conservative Scholar: Supreme Court Should Uphold Obamacare

The Huffington Post | Mike Sacks | Posted 04.16.2012

Yet another prominent conservative legal scholar has stepped forward to urge the Supreme Court to uphold health care reform as firmly within the court...

The Corporate Court: Supreme Tool of the 1%

Ethan Rome | Posted 04.09.2012

Ethan Rome

The fate of our health care is in the hands of the most partisan, pro-corporate court in a generation.

Mike Sacks

Supreme Court OKs Suspicionless Strip Searches For New Jail Inmates

HuffingtonPost.com | Mike Sacks | Posted 04.02.2012

WASHINGTON -- The Supreme Court on Monday decided that jails may perform suspicionless strip searches on new inmates regardless of the gravity of thei...

The Supreme Court On Trial

The New Republic | Posted 03.30.2012

Before this week, the well-being of tens of millions of Americans was at stake in the lawsuits challenging the Affordable Care Act....

2 Justices Could Be Key In Health Care Law Case

AP | CONNIE CASS | Posted 03.29.2012

WASHINGTON — The fate of President Barack Obama's health care law appears to rest precariously in the hands of two justices. After three days o...

Mike Sacks

Absurdly Bad Plea Bargain Advice Violates Constitution, Supreme Court Rules

HuffingtonPost.com | Mike Sacks | Posted 03.21.2012

WASHINGTON -- Defendants who receive deficient or absurdly bad plea bargaining advice from their lawyers have had their constitutional rights violated...

Mike Sacks

Supreme Court Takes On Life-Without-Parole Sentence For Teens Convicted Of Murder

HuffingtonPost.com | Mike Sacks | Posted 03.20.2012

WASHINGTON -- In 2005, the Supreme Court banned the death penalty for minors no matter how heinous the crime. In 2010, the justices drew the same line...

Mike Sacks

Why Supreme Court Conservative Majority Doesn't Mean Health Reform Smackdown

HuffingtonPost.com | Mike Sacks | Posted 03.19.2012

The Supreme Court will not overturn health care reform. At least if the five-justice conservative majority that brought the country Citizens United an...

The Future of Affirmative Action: Justice Kennedy Is the Key

Stephen Menendian | Posted 05.06.2012

Stephen Menendian

It seems likely that the Court in Fisher, in a 5-3 decision (since Kagan will not have a vote), will strike down the use of race in admissions currently employed by the University of Texas for failing the narrowly tailoring requirement.

Lawrence Lessig on Campaign Finance Reform: Overturning Citizens United Isn't Enough

Corbin Hiar | Posted 04.30.2012

Corbin Hiar

In contrast with many other campaign finance reformers, Harvard Professor Lawrence Lessig believes fixing the U.S. election system will require more than just overturning the Citizens United ruling, which removed many restrictions on independent political spending.

Mike Sacks

Supreme Court Debates Lying About Military Honors

HuffingtonPost.com | Mike Sacks | Posted 02.22.2012

WASHINGTON -- The Supreme Court on Wednesday morning appeared divided over whether to strike down a federal law that makes it a crime for a person to ...

Mike Sacks

High Court Revisiting Flashpoint Issue

HuffingtonPost.com | Mike Sacks | Posted 04.22.2012

WASHINGTON -- Affirmative action is heading back to the Supreme Court, and this time its prospects for survival are poorer than ever. The Court ann...

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...

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...

Mike Sacks

Supreme Court Leaves Clues How It Will Decide Health Reform

HuffingtonPost.com | Mike Sacks | Posted 02.03.2012

WASHINGTON -- A Kaiser Family Foundation poll published as the Supreme Court went into mid-term recess last week reveals that nearly 60 percent of Ame...

Mike Sacks

Warrantless GPS Tracking Unconstitutional, Supreme Court Rules

HuffingtonPost.com | Mike Sacks | Posted 01.24.2012

WASHINGTON -- The installation of a GPS tracking device onto a suspect's car constitutes a search -- and therefore could require a warrant -- the Supr...

Mike Sacks

Supreme Court Fusses Over Indecent TV

HuffingtonPost.com | Mike Sacks | Posted 01.11.2012

WASHINGTON -- "There's a bare buttock there, and there's a bare buttock here," said Seth Waxman, pointing up to the historical and mythical figures th...

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...

Mike Sacks

WATCH: Supreme Court To Hear Strange Bedfellow, Riverbed Cases This Week

HuffingtonPost.com | Mike Sacks | Posted 12.03.2011

The Supreme Court rounds out its December sitting this week with a couple of cases rife with ex-bedfellows, strange bedfellows and riverbeds. Monda...

Mike Sacks

What Do Facebook And Justice Scalia Have In Common?

HuffingtonPost.com | Mike Sacks | Posted 11.28.2011

WASHINGTON -- What do Facebook and the conservative majority of the Supreme Court have in common? Based on Monday's oral argument, it appears they're ...

Justices Kagan And Thomas Should Recuse Themselves

Jackson Williams | Posted 01.28.2012

Jackson Williams

Federal judges are required by law to disqualify themselves when their "impartiality might be reasonably questioned." This applies to the Supremes, too, but Diana Ross has greater standing to decide the Patient Protection and Affordable Care Act than Clarence Thomas.

Supremes Will Uphold Obamacare to Keep Insurance Market from Collapsing

Wendell Potter | Posted 01.17.2012

Wendell Potter

Moderate conservative Anthony Kennedy will, I'm confident, recognize that without the law, the free-market system of health insurance, so highly valued by conservatives, will implode, sooner rather than later.

Mike Sacks

Supreme Court Asked How Much Bad Lawyering The Constitution Allows

HuffingtonPost.com | Mike Sacks | Posted 12.31.2011

WASHINGTON -- When Anthony Cooper shot a fleeing woman in the thigh and buttocks back in 2003, his lawyer advised him to reject the prosecution's deal...