Tag Archives: Justice Kennedy

High Country News: “Why Justice Anthony Kennedy wasn’t good for Indian Country The retiring Supreme Court justice leaves a legacy of anti-tribal votes.”

Here.

Posted in Author: Matthew L.M. Fletcher, judges, Research, Supreme Court | Tagged ,

Reflections on Justice Kennedy’s Indian Law Legacy

My most enduring memory of Justice Kennedy is no doubt watching him lean over the bench, red faced and angry, screaming/yelling/lecturing at Neal Katyal during the Dollar General oral argument. I concluded then, if I hadn’t already before that moment … Continue reading

Posted in Author: Matthew L.M. Fletcher, judges, Research, Supreme Court | Tagged , , , , , , , , , | 2 Comments

News Profiles [from the left] on Justice Kennedy’s Legacy

Turtle Talk will, of course, in time, have it own post on the retirement of Justice Kennedy, but for now, check out these profiles: The Intercept: FAREWELL TO ANTHONY KENNEDY, AUTHOR OF SOME OF THE MOST LUDICROUS PRONOUNCEMENTS IN SUPREME COURT … Continue reading

Posted in Author: Matthew L.M. Fletcher, News, Supreme Court | Tagged ,

On Justice Sotomayor’s Judicial Philosophy

Angelique EagleWoman sent around this short article commenting on Justice Sotomayor’s judicial philosophy, which contains this remark: In literally every case involving Native American rights in any form, Sotomayor has always sided with the Natives. In Match-E-Be-Nash-She-Wish Band v. Patchak, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Supreme Court | Tagged , , , , , , , , ,

On Being (Mis)Cited by the Supreme Court

From the NY Times. Nor was Justice Kennedy’s brief quotation from “Actual Innocence” especially punctilious. Here is how the justice rendered it, including his brackets and ellipses: “[P]rompt [DNA] testing … would speed up apprehension of criminals before they commit … Continue reading

Posted in Author: Kate E. Fort, Scholarship, Supreme Court | Tagged , , ,

WaPo Coverage of Patchak Argument

Here (h/t Pechanga). An excerpt:  Several Supreme Court justices seemed troubled Tuesday at the thought of letting a lawsuit move forward that aims to shut down an already opened tribal casino in southwestern Michigan. “It does seem that we may be … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, gaming, Michigan Indian, News, Supreme Court | Tagged , , , ,

Why Justice Kennedy Could Be the Most Important Justice in the 2010 Term in Indian Law Cases

Today, Michigan State University’s Indigenous Law and Policy Center hosts its Seventh Annual Indigenous Law Conference, “Persuasion and Ideology: Politically Divisive Cases in Appellate Courts.” My talk today is titled, “The Elusive Fifth Vote.” The idea for this talk derives … Continue reading

Posted in Author: Matthew L.M. Fletcher, Supreme Court | Tagged , | 3 Comments

Dean Chemerinsky on the Roberts Court

Dean Erwin Chemerinsky has posted “The Roberts Court at Age Three” on SSRN, forthcoming in the Wayne Law Review. Here is the abstract: On June 26, 2008, the Supreme Court completed the third term of the John Roberts era. This … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , ,

“Our Savage Neighbors” Wins National Award

Apropos of Justice Kennedy’s shout-out to “hostile Indians” in yesterday’s oral argument in the D.C. gun case, the Legal History Blog reports that Peter Silver’s book “Our Savage Neighbors: How Indian War Transformed Early America” won one of the Bancroft … Continue reading

Posted in Author: Matthew L.M. Fletcher, Supreme Court | Tagged , , , ,

Justice Kennedy: “Hostile Indians” may have been a motivating factor for 2nd amendment.

In yesterday’s oral arguments at the Supreme Court for District of Columbia v. Heller – the case regarding the constitutionality of the Washington, D.C. handgun ban – the justices were concerned with the issue of whether the right to “bear … Continue reading

Posted in Author: Bryan Newland, Supreme Court | Tagged , , , , , | 6 Comments