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 Anthony
Kennedy
ANTHONY KENNEDY News:
20070529
-
 Worker
-  Women
-  Race
-  Alabama
-  Business
- Alito
- Roberts
- Scalia
- Kennedy
- "Worker
Job-Bias Claims Limited by U.S. Supreme Court (Update4)."
... "Workers can't sue under a federal job- bias law to claim they are
underpaid because of gender or race discrimination that occurred years
earlier, a divided U.S. Supreme Court ruled in a victory for employers."
... "The justices, voting 5-4, rejected a $360,000 award to Lilly Ledbetter,
an Alabama Goodyear Tire & Rubber Co. worker who said that almost two
decades of discrimination meant her salary was 15 to 40 percent lower than
what her male counterparts earned." ... "The 1964 Civil Rights Act typically
gives workers 180 days from the time of the alleged discrimination to file
a complaint with the Equal Employment Opportunity Commission. The question
was whether workers can claim that their most recent paychecks are affected
by bias that took place outside the 180-day window." ... "``Current effects
alone cannot breathe life into prior, uncharged discrimination,'' Justice
Samuel Alito wrote for the majority. ``Ledbetter should have filed an EEOC
charge within 180 days after each allegedly discriminatory pay decision
was made and communicated to her.''" ... "Chief Justice John Roberts and
Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas joined Alito's
opinion. Lower courts were divided on the issue." ... "Justice Ruth Bader
Ginsburg, the court's only woman, took the unusual step of reading a summary
of her dissent from the bench as she sat next to Alito. She said the majority
``does not comprehend, or is indifferent to, the insidious way in which
women can be victims of pay discrimination.'' " -By
Greg Stohr -Bloomberg
20070418
-
Women's
-
 Health
-  Science
- Abortion
-  Politics
- Roberts
- Alito
- Kennedy
- Scalia
- "`Partial
Birth' Abortion Ban Upheld by Top U.S. Court (Update2)."
... "A divided U.S. Supreme Court upheld a nationwide ban on ``partial
birth'' abortion, marking a shift on the issue and underscoring the impact
of President George W. Bush's two high court appointments." ... "The justices,
voting 5-4, said the 2003 law is constitutional even though there is no
exception for cases posing a risk to the mother's health. The court also
rejected claims that the Partial Birth Abortion Ban Act is so vaguely worded
it would force doctors to forgo a commonly used, constitutionally protected
abortion technique for fear of prosecution." ... "Bush's appointees, Chief
Justice John Roberts and Justice Samuel Alito, helped turn the tide in
today's case, joining Kennedy and Justices Antonin Scalia and Clarence
Thomas." ... "In dissent, Justices Ruth Bader Ginsburg called the ruling
``alarming'' and took the unusual step of reading a summary of her opinion
from the bench. She pointed to the conclusion of the American College of
Obstetricians and Gynecologists that the disputed procedure was proper
in some cases." ... "``And, for the first time since Roe, the court blesses
a prohibition with no exception safeguarding a woman's health,'' Ginsburg
wrote. Justices Stephen Breyer, John Paul Stevens and David Souter joined
Ginsburg's dissent." -By Greg Stohr
-Bloomberg
20060619
-
 Government
-  Water
- Science
- Clean
Water Act - Business
-  Michigan
- Anthony
Kennedy
- "Clean
Water Act Reach Limited: U.S. Supreme Court Overview."
... "The U.S. Supreme Court limited the reach of the Clean Water Act, saying
it applies only to wetlands with a close connection to a river, lake or
some other major waterway." ... "The justices, voting 5-4, ordered a new
round of hearings for two sets of Michigan landowners whose efforts to
build on their property have been stymied by the U.S. Army Corps of Engineers.
The majority was divided in its reasoning, with Justice Anthony Kennedy
refusing to join four other justices in putting even more restraints on
the federal regulators." ... "Kennedy's separate opinion now becomes the
controlling law. He established a new test, saying the Corps can regulate
only wetlands that have a ``significant nexus'' to a major waterway. He
also said that in both cases before the justices, the Corps had at least
some evidence of that type of connection." -By Greg
Stohr -Bloomberg
-
Google search the cases:
- Rapanos v. U.S., 04-1034: <Google-[News]>
- Carabell v. Army Corps of Engineers, 04-1384 <Google-[News]>
20060615
-
 Police
-  History
- Civil
Righs - Politics
- Samuel
Alito - Antonin
Scalia - John
Roberts
-  Homes
- "Court
Limits Protection Against Improper Entry." ... "Evidence
found by police officers who enter a home to execute a search warrant without
first following the requirement to "knock and announce" can be used at
trial despite that constitutional violation, the Supreme Court ruled on
Thursday." ... "The 5-to-4 decision left uncertain the value of the "knock-and-announce"
rule, which dates to 13th-century England as protection against illegal
entry by the police into private homes." ... "Justice Antonin Scalia, in
the majority opinion, said that people subject to an improper police entry
remained free to go to court and bring a civil rights suit against the
police." ... "But Justice Stephen G. Breyer, writing for the dissenters,
said the ruling "weakens, perhaps destroys, much of the practical value
of the Constitution's knock-and-announce protection." He said the majority's
reasoning boiled down to: "The requirement is fine, indeed, a serious matter,
just don't enforce it."" ... "In addition to Justice Alito, those who joined
the majority opinion by Justice Scalia were Chief Justice John G. Roberts
Jr. and Justices Clarence Thomas and Anthony M. Kennedy. Justice Breyer's
dissenting opinion was joined by Justices John Paul Stevens, David H. Souter
and Ruth Bader Ginsburg" -By Linda Greenhouse
-NYTimes
20060530
-
Government
- Employees
-
 Law
- Los
Angeles -  California
- Samuel
Alito - John
Roberts
- Antonin
Scalia - "Justices
Set Limits on Public Employees' Speech Rights." ...
"The Supreme Court declared today, in a ruling affecting millions of government
employees, that the Constitution does not always protect their free-speech
rights for what they say on the job." ... "In a 5-to-4 decision, the court
held that public employees' free-speech rights are protected when they
speak out as citizens on matters of public concern, but not when they speak
out in the course of their official duties." ... "Today's ruling, involving
a deputy Los Angeles [California] district attorney who contended that
he had been denied a promotion for challenging the legitimacy of a search
warrant, came in a case that has been closely watched not just by public
workers but by those who have worried that it could discourage internal
whistle-blowers from speaking up about government misconduct and inefficiency."
... ""We hold that when public employees make statements pursuant to their
official duties, the employees are not speaking as citizens for First Amendment
purposes, and the Constitution does not insulate their communications from
employer discipline," Justice Anthony M. Kennedy wrote for the court."
... "The court's newest justice, Samuel A. Alito Jr., was in the majority
as were Chief Justice John G. Roberts Jr., Justices Antonin Scalia and
Clarence Thomas." -By David Stout
-NYTimes
20050701
-
-
- Sandra
Day O'Connor - "U.S.
Supreme Court Justice O'Connor retires." ... "Justice
Sandra Day O'Connor, the first woman on the U.S. Supreme Court and a moderate
conservative who often controlled the outcome on abortion and other issues,
announced her retirement on Friday, setting the stage for a major political
battle over her successor." ... "On the court, O'Connor and another moderate
conservative, Justice Anthony Kennedy, have often controlled the outcome.
Rehnquist and Justices Antonin Scalia and Clarence Thomas are the court's
most conservative members." ... "The court's more liberal members are Justices
John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer,
the last justice to join the court in 1994." -By James
Vicini -Reuters.co.uk
20050420
-
-
- Tom
DeLay - "DeLay
criticizes Supreme Court justice." ... "The No. 2
Republican in the House has been openly critical of the federal courts
since they refused to order the reinsertion of Schiavo's feeding tube.
And he pointed to Kennedy as an example of Republican members of the Supreme
Court who were activist and isolated." .. ""Absolutely. We've got [Supreme
Court] Justice Kennedy writing decisions based upon international law,
not the Constitution of the United States? That's just outrageous," DeLay
told Fox News Radio on Tuesday. "And not only that, but he said in session
that he does his own research on the Internet? That is just incredibly
outrageous."" -AP
via -CNN
-
- Tom
DeLay - "DeLay
Outlines Strategy Against Federal Judges." ... "Representative
Tom DeLay, the House majority leader, sharply criticized Justice Anthony
M. Kennedy of the Supreme Court on Tuesday and said the House Judiciary
Committee would explore what the authors of the Constitution intended when
they said federal judges hold their post on the basis of good behavior."
... ""We want to define what good behavior means," Mr. DeLay said in an
extended appearance on a Fox News radio show in which Tony Snow was host."
-By Carl Hulse -NYTimes
-
- Tom
DeLay - "DeLay
blasts Justice Kennedy." ... "House Majority Leader
Tom DeLay intensified his criticism of the federal courts yesterday, singling
out Supreme Court Justice Anthony Kennedy's work as "incredibly outrageous.""
... "DeLay also said there were a "lot of Republican-appointed judges that
are judicial activists."" -By Jesse J. Holland
-AP via -SeattleTimes.NWsource
20050409
-
-
"And
the Verdict on Justice Kennedy Is: Guilty." ... "Supreme
Court Justice Anthony M. Kennedy is a fairly accomplished jurist, but he
might want to get himself a good lawyer -- and perhaps a few more bodyguards."
... "Conservative leaders meeting in Washington yesterday for a discussion
of "Remedies to Judicial Tyranny" decided that Kennedy, a Ronald Reagan
appointee, should be impeached, or worse." -By Dana
Milbank -WashingtonPost
20030623
- 
-
"ALA
denounces Supreme Court ruling on Children's Internet Protection Act."
... "The American Library Association (ALA) today expressed disappointment
in today's very narrow decision from the U.S. Supreme Court upholding the
Children's Internet Protection Act." ... ""The decision, however, is very
narrow in that Justices Kennedy and Breyer did not join Chief Justice Rehnquist's
opinion, they only joined the judgment," said Judith Krug, director of
the American Library Association s Office for Intellectual Freedom.
"Justices Kennedy and Breyer joined the judgment because they believe adult
patrons need only ask the librarian to please disable the filter
and need not provide any reason for the request. In light of this,
we expect libraries that decide they must accept filters to inform their
patrons how easily the filters can be turned off."" ... "Justice Kennedy's
opinion requires that filtering companies create filters that can be immediately
and easily dismantled to meet the information needs of library users."
... "The American Library Association again calls for full disclosure of
what sites filtering companies are blocking, who is deciding what is filtered
and what criteria are being used. Findings of fact clearly show that
filtering companies are not following legal definitions of "harmful to
minors" and "obscenity." Their practices must change." ... "To assist
local libraries in their decision process, the ALA will seek this information
from filtering companies, then evaluate and share the information with
the thousands of libraries now being forced to forego funds or choose faulty
filters. The American Library Association also will explain how various
products work, criteria to consider in selecting a products and how to
best use a given product in a public setting. Library
users must be able to see what sites are being blocked and, if needed,
be able to request the filter be disabled with the least intrusion into
their privacy and the least burden on library service." ... "The ALA will
do everything possible to support the governing bodies of these local institutions
as they struggle with this very difficult decision." -ALA.org
- American Library Association -ALA.org/oif
- Office for Intellectual Freedom
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