The Latest Breaking News from Kennedy

The heading of the post comes from a 2019 Wisconsin restraining order case. The judge there ordered a woman "to cease posting any information about your parents on social media referencing indirectly or directly reference either one of them"—not just defamatory speech, or threatening speech, or otherwise constitutionally protected speech,…

Donald Trump’s authoritarian playbook on Christian nationalism is already in motion

…A Hazy Shade of Winter… You know the drill. Headline first. Then a march through the methodology. If you want single-serving factoids, go to, well, pretty much anywhere else on the Internet. Donald Trump arrives in the office almost an hour later than any President since 1933. His average arrival…

McConnell: "Dismantling the administrative state and empowering people who are actually elected to make decisions has been the motivating force" for nearly every "Federalist Society-type lawyer."

Justice Jackson's "participation" in Relentless and SFFA further demonstrates why the usual recusal rules will not work for the Supreme Court.

Signed into law nearly 60 years ago, the Civil Rights Act of 1964 outlawed discrimination in the U.S. based on “race, color, sex, religion, or national origin.”

There are certain geopolitical events that are generation-defining. In my lifetime, I think they would be the fall of the Soviet Union, 9/11, the election of President Obama, the election of President Trump, the COVID-19 pandemic, and January 6. For earlier generations, they would have been Watergate, the moon landing,…

6/26/2003: Justice Kennedy writes the majority opinion in Lawrence v. Texas. 6/26/2013: Justice Kennedy writes the majority opinion in U.S. v. Windsor. 6/26/2015: Justice Kennedy writes the majority opinion in Obergefell v. Hodges.

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.