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

  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...
  • 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...
  • 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...
  • Another Addition to the Two-in-a-Month Club: Former Solicitor General Gregory Garre is scheduled to argue twice during the December sitting, a relatively uncommon feat for private pract...
  • Change is Fun But...: I'm sad to see Justice Stevens leave the Court for a variety of reasons that have been well documented by people smarter than me. I'm also e...