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

  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...
  • Traitors to the Cause: 6-3 decisions are, statistically speaking, the least common vote split. Frequently, those cases split along the ideological lines that are s...
  • Likelihood of a Petition Being Granted: There are a lot of numbers thrown out about the likelihood of a cert. petition being granted. The number I've always heard is 1%, but I some...
  • An Unusually Short Long Conference: The Supreme Court released an order list from yesterday's Long Conference and, in a surprising move, it granted only seven cases. That numbe...
  • Measuring Justice Sotomayor's Liberal Bona Fides: Justice Sotomayor has completed two years on the Supreme Court and, as she begins her third, it seems like an appropriate time to take an in...