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Justice Anthony Kennedy: His Jurisprudence and the Future of the Court [July 11, 2018]
From the Document: "On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an Associate Justice on the Supreme Court of the United States. His decisive role on the Court, particularly since the Roberts Court era began in 2005, cannot be overstated. The Roberts Court era has witnessed the Court issue a number of landmark rulings, many of which have involved matters where the sitting Justices were closely divided. Justice Kennedy typically voted with the majority of the Court in such cases. Since the October 2005 term that marked the beginning of the Roberts Court, Justice Kennedy voted for the winning side in a case more often than any of his colleagues in 9 out of 12 terms."
Library of Congress. Congressional Research Service
Nolan, Andrew; Lewis, Kevin M.; Brannon, Valerie C.
2018-07-11
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Justice Kennedy Retires: Initial Considerations for Congress [June 28, 2018]
From the Document: "On June 27, 2018, hours after the Supreme Court released its final opinions for the term, Justice Anthony M. Kennedy, announced that, effective July 31, 2018, he would retire from active service as an Associate Justice of the Supreme Court. Nominated to replace Justice Lewis Powell in 1987, Justice Kennedy has served on the Court for more than three decades. Like his predecessor, Justice Kennedy has often been referred to as the Court's 'swing' vote. Justice Kennedy has pushed back against such a moniker, declaring in a 2015 speech that '[t]he cases swing, I don't.' But his central role on the Court in recent decades, and in particular in the Roberts Court era, cannot be overstated. Since the Roberts Court began in 2005, Justice Kennedy has been the justice who cast his votes most often with the majority of the Court in all but three terms. (Chief Justice Roberts edged out Justice Kennedy in the most recent term and the October 2007 term, while Justice Breyer was the most frequent justice in the majority during the October 2014 term). This Sidebar 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. In so doing, this post provides a broad overview of key legal issues Congress (and, more specifically the Senate, through its advice and consent role) may wish to consider as it reflects on Justice Kennedy's jurisprudence and how his eventual successor might shape the future of the Court, Congress, and the nation as a whole."
Library of Congress. Congressional Research Service
Nolan, Andrew; Garcia, Michael John
2018-06-28
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Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court [April 27, 2016]
From the Document: "This report provides an overview of Judge Garland's jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia. In particular, the report focuses upon those areas of law where Justice Scalia can be seen to have influenced the High Court's approach to certain issues, or served as a fifth and deciding vote on the Court, with a view toward how Judge Garland might approach those same issues if he were to be confirmed. The report begins with his views on two overarching issues-the role of the judiciary and statutory interpretation. It then addresses 14 separate areas of law, which are arranged in alphabetical order from 'administrative law' to 'takings.'The report includes one table which notes the cases where the Supreme Court has reviewed majority opinions written or joined by Judge Garland. Another table, in the appendix to the report, identifies Judge Garland's colleagues on the D.C. Circuit and lists notable cases involving Judge Garland and that colleague. A separate report is forthcoming that will list all opinions authored by Judge Garland during his tenure on the D.C. Circuit."
Library of Congress. Congressional Research Service
Nolan, Andrew; Manuel, Kate; Murrill, Brandon J.
2016-04-27
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Cybersecurity: Selected Legal Issues [April 17, 2013]
"For many, the Internet has become inextricably intertwined with daily life. Many rely on it to perform their jobs, pay their bills, send messages to loved ones, track their medical care, and voice political opinions, among a host of other activities. Likewise, government and business use the Internet to maintain defense systems, protect power plants and water supplies, and keep other types of critical infrastructure running. Consequently, the federal government's role in protecting U.S. citizens and critical infrastructure from cyber attacks has been the subject of recent congressional interest. This report discusses selected legal issues that frequently arise in the context of legislation to address vulnerabilities of private critical infrastructure to cyber threats, efforts to protect government networks from cyber threats, and proposals to facilitate and encourage sharing of cyber threat information amongst private sector and government entities. This report also provides an overview of the ways in which federal laws of these types may preempt or affect the applicability of state law."
Library of Congress. Congressional Research Service
Liu, Edward C.; Stevens, Gina Marie; Ruane, Kathleen Ann . . .
2013-04-17
