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.


0 Responses to “Justice Kennedy Snaps 5-4 Win Streak”

  1. No Comments

Leave a Reply





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...
  • Lawyers Admitted to the SCOTUS Bar: Stats come from the Journal of the Supreme Court. .PDF
  • Predicting the April Sitting: I run into the exact same debate every year around mid-January: which cases will be heard during the current term and which will be pushed o...
  • First Opinion Stats: As we wait for the first opinion of the term, I thought it would be interesting to take a look at the first signed opinion released in recen...
  • Justice Ginsburg and the Future of the Court: One can only hope that Senator Jim Bunning (R-KY) horded the tasteless Intrade contract for "Ruth Bader Ginsburg to Be Next Justice to Depar...