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.