Justice Kennedy’s streak of being in the majority in 5-4 decisions has been snapped today with his dissenting vote (and opinion) in Ali v. Federal Bureau of Prisions.

Justice Thomas wrote the majority opinion and was joined by the Chief Justice and Justices Scalia, Thomas, and Ginsburg. Justice Kennedy penned a dissent that was joined by Justices Stevens, Souter, and Breyer and Justice Breyer wrote a dissent that was joined by Justice Stevens.

The Court upheld the Eight Circuit’s decision to define ‘any other law enforcement officer’ as applying to all law enforcement officers. Justice Kennedy’s dissent is awkwardly worded and I’m not sure if he or his lead clerk is to blame. Anyways, check out his dissent here.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Advocate Watch: With the Term quickly approaching it's midway point, we can take a look at which advocates have made the biggest mark on the Term. Hearing L...
  • Four 8-1 Decisions in One Day: The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions here. CompuCredit v. Greenwood, a case...
  • A Deeper Look at Reversal Rates: An article in today's Cincinati Enquirer highlights the Sixth Circuit's current 15-case losing streak in the Supreme Court. Circuits regular...
  • More Sophisticated Reconferencing Statistics: A commentator on my last conferencing post picked up on an important part of the distribution question that I had intentionally omitted....
  • A Big Little Case: Next Wednesday, the Supreme Court will hear arguments in an interesting case about water law in Montana, PPL Montana v. Montana. The case wi...