Justice Anthony McLeod Kennedy

Paper Summary:

This paper explains that Justice Anthony McLeod Kennedy's intricate role on the Rehnquist Supreme Court has led many to question his views and ideals. The author points out that, although he usually votes with the conservative bloc, in certain cases involving abortion, capital punishment, and gay rights, he has voted liberal. The paper relates that, through his lawyer-legislator father, Kennedy, who was born in 1936 in California, met many influential figures such as future Chief Justice Earl Warren. The author explains that, while on the Circuit Court, Kennedy became a leader of the conservatives avoiding writing controversial opinions, which allowed his Supreme Court confirmation hearings to be considered amicable. The paper relates that Justice Kennedy's work on the Supreme Court demonstrates consistently his beliefs that the court should not be legislative. The paper describes many of Kennedy's cases.

From the Paper:

"The 2000 case of Stenberg, Attorney General of Nebraska, et al v. Carhart returned Justice Kennedy to the conservative end of the Court. This case mirrored back to Planned Parenthood v. Casey, stating that the Nebraska state government cannot illegalize partial birth abortion because this will impede on the undue burden privilege established four years earlier. Justice Kennedy dissented Justice Breyer's Opinion of the Court. He believed that Planned Parenthood allowed the for state to protect the life of the child to a certain extent. The Nebraska law was struck down, but by 2003 the federal government had adopted a law prohibiting partial birth abortions ("Stenberg v. Carhart")."

Sample of Sources Used:

• "Anthony Kennedy." Wikipedia. 5 Apr 2006. 11 Apr 2006. <http://en.wikipedia.org/wiki/Anthony_Kennedy>
• "Anthony M. Kennedy: biographical data." Cornell Law School. 22 Feb 2006. <http://www.law.cornell.edu/supct/justices/kennedy.bio.html>
• Auerbach, Maxine, et al. Committee For The Preservation of Civil Rights. 11 Dec 1987. 883-888. 3 Mar 2006. < http://a255.g.akamaitech.net/7/255/2422/14sep20051524/www.gpoaccess.gov/congress/senate/judiciary/sh100-1037/883-888.pdf>
• Bram. "Immigration & Naturalization Service v. Chadha (1983)." 4Law School: case briefs banks. 22 Feb 2006. <http://www.4lawschool.com/conlaw/chad.shtml>
• Cohen, Adam. "Editorial Observer; Anthony Kennedy is Ready For His Close-up." NY Times. 3 Apr 2006. 8 Apr 2006. <http://select.nytimes.com/search/restricted/article?res=FA0810FD38540C708CDDAD0894DE404482>

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