Addresses announcement by Justice Anthony M. Kennedy that he would retire from active service as an Associate Justice of the Supreme Court. Highlights various areas of law in which Justice Kennedy, either by authoring or joining a Supreme Court opinion proved consequential to the trajectory of Supreme Court jurisprudence. Provides broad overview of key legal issues Congress may wish to consider as it reflects on Justice Kennedy’s jurisprudence and how his eventual successor might shape the future of the Supreme Court, Congress, and the nation as a whole.
Provides a broad overview of Justice Anthony M. Kennedy’s approach to the law, emphasizing how he interpreted the Constitution. Discusses what his retirement may mean for the future of the Supreme Court in various areas of the law, broadly noting key legal decisions during the Roberts Court era in which Justice Kennedy cast a decisive vote. Highlights key aspects of Justice Kennedy’s jurisprudence and key legal issues where his absence from the Court could result in a shift in the Court’s jurisprudence.
Feb 25, 2016. Provides overview of procedural rules and requirements when the Supreme Court is staffed with less than nine members. Discusses Court quorum requirements, rehearing procedures, and vote count practices, focusing on how the Court has traditionally responded to a change of composition during a term. Highlights over a dozen cases from the current term that could result in an evenly divided Supreme Court.
Feb. 16, 2016. Provides overview of major implications of Supreme Court Justice Antonin Scalia's death for Congress, Supreme Court consideration of cases in current and future terms, and appointment of a successor to fill the newly vacant Court seat.
Feb. 23, 2016. Republican Policy Committee paper reviewing impact of Justice Antonin Scalia death on Supreme Court operations, and citing constitutional law and past precedent to argue against Senate confirmation of a new Supreme Court in an election year.