Anthony Kennedy

  • SCOTUS Supreme Court photo by David Lat

    SCOTUS, Supreme Court

    Ten Years Of The Roberts Court

    Should conservatives and libertarians be delighted or disappointed by the U.S. Supreme Court at this milestone?

    5 Comments / / Nov 16, 2015 at 1:18 PM
  • Legally Blonde Poster

    Morning Docket

    Morning Docket: 10.26.15

    * “Cases swing. I don’t.” Justice Anthony Kennedy would really like it if folks would stop referring to him as the high court’s swinger swing vote. In other news, the Supreme jurist thinks Legally Blonde is a “pretty good movie.” [Harvard Gazette]

    * Hey, everyone, it’s high time we did something about this law school debt crisis. Have you somehow never heard about or experienced this before (despite reading Above the Law for eons)? Not to worry, because the New York Times is on it! [New York Times]

    * “She’ll still be fighting for the things she cares about. But this time, she’ll be asking us to join her.” Irin Camron, co-author of Notorious RBG: The Life and Times of Ruth Bader Ginsburg (affiliate link), thinks we’ll see more Badass Bader this Term. [New York Times]

    * The Pennsylvania Senate is trying to kick embattled Attorney General Kathleen Kane out of office because she’s working with a suspended law license. Come on, it must be pretty embarrassing when your AG can’t even refer to herself as a lawyer. [Morning Call]

    * According to Professor Paul Campos, the law school scam will keep on trucking thanks to the for-profit institutions — Arizona Summit Law, Charlotte Law, and Florida Coastal Law — that are run by InfiLaw. Well, at least they’re good at one thing, right? [The Atlantic]

    * Toke the vote! The next states that will likely legalize recreational marijuana by ballot referendum come November 2016 include California, Maine, Massachusetts, and Nevada. Vermont, on the other hand, may pass marijuana-friendly legislation. [Rolling Stone]

    24 Comments / / Oct 26, 2015 at 8:57 AM
  • 'Please don't fall asleep, RBG!'

    Morning Docket

    Morning Docket: 09.24.15

    * Chief Justice John Roberts and Justices Sonia Sotomayor, Anthony Kennedy, and Ruth Bader Ginsburg will be in attendance during Pope Francis’s Congressional address. Here’s hoping a certain someone doesn’t nod off in the middle of it. [National Law Journal]

    * This courthouse clerk is accused of trying to go out with a little too much style after being fired from his job. He allegedly tossed thousands of pages of court documents in the garbage before leaving the building, and he now faces up to 10 years in prison. [Houston Chronicle]

    * Lawrence Mitchell, the former dean of Case Western Reserve University School of Law, was supposed to return to the school this year after taking a sabbatical. Instead, he resigned. When it comes to this creeper, maybe that’s a good thing. [Cleveland Scene]

    * Sorry to burst your bubble, law schools, but if you think spending millions to complete major building projects during a serious downturn in applicants will result in a “Field of Dreams” type of situation, you’re flat-out wrong. [Big Law Business / Bloomberg BNA]

    * Good news, everyone! Thanks to this appeals court decision, registered sex offenders in Wisconsin will now be able to take pictures of children in public. Child predators have never, ever been so excited to assert their First Amendment rights. [WSJ Law Blog]

    25 Comments / / Sep 24, 2015 at 8:58 AM
  • Justice Anthony Kennedy

    Morning Docket

    Morning Docket: 09.16.15

    * Justices Kennedy and Breyer seemed to be champing at the bit for a prolonged solitary confinement case last Term, and now they may have the opportunity to weigh in on one. Let’s see if the Supreme Court decides to let Justice Kennedy swing his vote around. [New York Times]

    * We all know that Mark Cuban isn’t that big of a fan of the Securities and Exchange Commission, but now he’s trying to inject himself into the debate over the agency’s use of in-house administrative law judges by way of filing a brief in support. [WSJ Law Blog]

    * Winston & Strawn elected Jeffrey Kessler to serve as its co-chair. He’s got experience running firms with others — he once served as a member of Dewey’s four-partner Office of the Chairman before the firm completely imploded. [Big Law Business / Bloomberg BNA]

    * IU Maurer Law is teaming up with Chapman and Cutler, an Am Law 200 firm, to create a two-year rotational program in finance and law. There’s just one catch: this is only for recent college graduates, not law school graduates. Oops! [Indiana Daily Student]

    * Lucrative niche alert: They’re calling this the green rush, but we don’t need to remind attorneys that green is also the color of money. By 2020, the market for legal recreational marijuana is going to be booming, with billions of dollars in business. [Fortune]

    34 Comments / / Sep 16, 2015 at 8:59 AM
  • Divorce Fight

    Gay Marriage

    If You Thought The Kentucky Clerk Was Stupid, Check Out This Tennessee Judge

    Because what are the “freedoms” and “liberties” he rails about if not the right of government officials to tell people how to manage their love lives.

    63 Comments / / Sep 2, 2015 at 3:16 PM
  • Walter Palmer Lion buttface

    Morning Docket

    Morning Docket: 08.05.15

    * “There are no bathrooms, no air-conditioning, no good food. You don’t usually get good cellphone reception, either, and you can’t just quit and go somewhere comfortable.” Surprisingly, this Biglaw partner isn’t talking about his firm’s working conditions. [Miami Herald]

    * It’s going to be difficult for U.S. authorities to prosecute Walter Palmer, the dentist who killed Zimbabwe’s beloved lion, Cecil. Bringing this guy down under the Lacey Act is going to be a real task. If only this were a Pixar movie with a happy ending. :( [Reuters]

    * SCOTUS justices are jet-setting across the world this summer, with RBG in South Korea and Vietnam, Roberts in Japan, Scalia in Italy, Kennedy in Austria, and Breyer in England. Let’s hope no one has to evacuate a plane via emergency chute. [National Law Journal]

    * If you’re considering applying to law school and you decide to visit one this summer, aside from students huddled in dark corners of the library who are crying over their employment prospects, there are a few things you should be looking for. [U.S. News]

    * The mother of Sandra Bland, the woman who hanged herself in a Texas jail cell last month, has filed a wrongful-death suit, alleging that her daughter shouldn’t have been arrested in the first place and was improperly supervised by guards. [New York Times]

    32 Comments / / Aug 5, 2015 at 9:00 AM
  • U.S. Sen. Ted Cruz (L) and Governor Greg Abbott  (Photo by Erich Schlegel/Getty Images)


    Non-Sequiturs: 07.16.15

    * Not just a liberal wet-dream: the case for the disbarment of Ted Cruz and Greg Abbott for defying the Supreme Court on same sex marriage. [Talking Points Memo]

    * How does an addicted lawyer survive the first year of law school? [Cubanity / Brian Cuban’s Recovery Rantings]

    * Defense attorney William C. Costopoulos channels 40 years of experience into a new suspenseful novel (affiliate link) about domestic terrorism. [Soul Witness]

    * It took Justice Kennedy less than a week to make this union “a little more perfect.” Guess he (or his clerks) work(s) well under pressure. [San Diego Tribune]

    * Before we start throwing around the word God around in the context of the law, we should understand what was originally intended by the term. [Legal History Blog]

    * Color Elie surprised: Donald Trump makes his financial disclosures… though the details aren’t yet public. [CNN]

    * An open-source guide for unpacking legalese. [Law Sites]

    23 Comments / / Jul 16, 2015 at 4:58 PM
  • (Ted Eytan / Flickr)

    Gay Marriage, SCOTUS, Supreme Court

    After Obergefell: A Conversation About The Supreme Court’s Ruling

    What lies ahead in the LGBT community’s battle for legal equality?

    28 Comments / / Jul 15, 2015 at 3:49 PM
  • Robert Bork

    Politics, Supreme Court

    ‘Robert Bork Wouldn’t Have Changed History’? Not So Sure About That.

    A columnist argues that Robert Bork wouldn’t have changed history. If this sounds crazy, that’s because it is.

    25 Comments / / Jun 30, 2015 at 3:20 PM
  • drunk with a tie around head

    Morning Docket

    Morning Docket: 06.30.15

    * Which Biglaw firm is going to be changing up the way that it recruits new attorneys? That would be Quinn Emanuel. It’s planning to majorly scale back on summer associates and do something completely different. We’ll have more on this news later today. [WSJ Law Blog]

    * An undergrad who once had high hopes for law school decided to ditch his legal aspirations in favor of stand-up comedy. His mom is mad since it’s a “path that has no specific stability.” She obviously hasn’t read up on law school job stats lately. [Indy Channel]

    * Justice Kennedy should consider trading in his robes for a superhero’s cape, because he just swooped in to the rescue, again. With a 5-4 vote, SCOTUS stayed the Fifth Circuit’s decision regarding the closure of the majority of abortion clinics in Texas. [NPR]

    * Damn you, Dewey leaders! Per recent testimony in the criminal trial of the failed firm’s former top brass, but for news of the criminal probe spreading like wildfire throughout the profession, D&L could’ve merged with any number of firms to save itself. [Am Law Daily]

    * Some pretty major firms think they have better things to spend their Biglaw bucks on than donations to legal aid organizations. Only five firms were willing to publicly disclose more than $1 million in donations. [DealBook / New York Times via American Lawyer]

    10 Comments / / Jun 30, 2015 at 9:01 AM
  • rainbow flag

    Gay Marriage, SCOTUS, Supreme Court

    The (Monday) Morning After: A Conversation About Obergefell With David Lat

    ReplyAll conversationalist Zach Abramowitz chats with Above the Law managing editor David Lat about the Supreme Court’s big gay marriage ruling.

    36 Comments / / Jun 29, 2015 at 6:32 PM
  • Judge Richard Posner (Chensiyuan/Wikimedia Commons)

    Benchslaps, Richard Posner, SCOTUS, Supreme Court

    Reverse Benchslap Of The Day: Judge Posner Smacks Chief Justice Roberts

    Judge Posner does not have a high opinion of Chief Justice Roberts’s dissent in the same-sex marriage case.

    31 Comments / / Jun 29, 2015 at 3:01 PM
  • Grooms to be holding hands (photo by Tim Ryan Smith).

    Gay Marriage, SCOTUS, Supreme Court

    The Supreme Court Rules In Favor Of Marriage Equality Nationwide

    Congratulations to Jim Obergefell and all the parties and their lawyers on this historic win.

    192 Comments / / Jun 26, 2015 at 10:11 AM
  • rainbow flag

    Gay Marriage, SCOTUS, Supreme Court

    Why The Same-Sex Marriage Decision Will Likely Come Out On June 26

    Will June 26 become known as “Justice Anthony Kennedy Day” for the LGBT community?

    70 Comments / / Jun 25, 2015 at 5:00 PM
  • Give me a better degree! (Image via Shutterstock)

    Morning Docket

    Morning Docket: 06.22.15

    * Everyone’s a winner at Nixon Peabody, especially the millennials! The firm is doing away with the corner-office model in favor of office space reminiscent of that of tech companies, where everyone’s offices — from paralegals to partners — are the same size. [Washington Post]

    * A former North Dakota Law student is suing the school, as well as several administrators and professors, because he alleges they dismissed him via email in May due to problems with his application. Man, that’s almost as harsh as a break-up text. [WDAZ]

    * Justice Kennedy knows a lot of people who are gay, but that doesn’t mean he’ll recognize a constitutional right to same-sex marriage just because of his circle of friends and colleagues. He’ll likely do it because he knows “how meaningful this is.” [New York Times]

    * The Supreme Court is currently considering an emergency appeal out of Texas after the Fifth Circuit refused to stay a decision that would all but close the vast majority of abortion facilities in the state. Give this law the good old coat hanger, SCOTUS. [Associated Press]

    * Last week, Justice Kennedy basically invited litigants to challenge the constitutionality of solitary confinement because it “exacts a terrible price.” Step right up and become one of the first to test the power of the SCOTUS swing vote on this issue. [Los Angeles Times]

    * “Having a woman leader is no longer exceptional.” The number of women law school deans is on the rise. They make up 40 percent of incoming law school leadership, and currently comprise 30 percent of all law deans. Nice work! [National Law Journal]

    * After pleading guilty to a felony count of vehicular manslaughter back in March, California lawyer Hasti Fakhrai-Bayrooti was recently sentenced to four years in prison for killing a cyclist while driving high on prescription drugs Xanax and Suboxone. [Daily Mail]

    27 Comments / / Jun 22, 2015 at 8:49 AM
  • Which actors should play our nine justices?

    Movies, SCOTUS, Supreme Court, Television

    Standard Of Review: Casting The Supreme Court

    Whom would you cast to play our current Supreme Court justices? Arts columnist Harry Graff makes his nominations.

    14 Comments / / Jun 11, 2015 at 4:22 PM
  • Kerry Washington (Photo by Frazer Harrison/Getty Images)

    Morning Docket

    Morning Docket: 04.29.15

    * In case you haven’t read the transcripts from yesterday’s same-sex marriage arguments at the Supreme Court and you still want to have some talking points at the water cooler at the office, here are six of the more “provocative” questions that the justices asked. [WSJ Law Blog]

    * HBO is filming a TV movie called “Confirmation” about Justice Clarence Thomas’s 1991 nomination hearings. Kerry Washington will play Anita Hill and Wendell Pierce will play our silent justice. No one puts a pube on Olivia Pope’s Coke can and gets away with it! [Hollywood Reporter]

    * If you’re not interested in the CliffsNotes version of the same-sex marriage arguments at SCOTUS, you should know the justices were split along their usual ideological lines, and Justice Kennedy seemed even more wishy-washy than normal. [New York Times]

    * You’re my boy, Blue! Brooklyn Law School will honor 100-year-old Professor Joseph Crea this summer. He’s been teaching at the school for more than five decades, and looks like a well-preserved academic artifact. Congratulations! [Brooklyn Daily Eagle]

    * Still high off its top passage rate for the February 2015 Florida bar exam and thanks to an anonymous $1 million gift, Ave Maria Law announced that it will be purchasing its campus… and launching a totally unrelated $3.2 million capital campaign. [News-Press]

    * If you’re looking to take a year off before law school, then perhaps you ought to consider becoming a paralegal, a research analyst, or an investment banker. At least one of those jobs will make you reconsider your future. [Law Admissions Lowdown / U.S. News]

    20 Comments / / Apr 29, 2015 at 9:00 AM
  • Official Photograph of Justice Anthony Kennedy

    Quote of the Day, SCOTUS, Supreme Court

    At The Supreme Court, All Bets Are Off

    Some offices bet on March Madness; Supreme Court justices bet on….

    33 Comments / / Mar 25, 2015 at 3:11 PM