Anthony+Kennedy


 * Name: ** Anthony McLeod Kennedy
 * Current age: ** 62
 * Date of appointment: ** February 18, 1988
 * Appointed by: ** President Ronald Reagan
 * Education: ** Sacramento High School, Stanford, London  School of Economics , Harvard  Law  School
 * Legal/Political Career prior to serving on the US Supreme Court: ** Lawyer in father’s firm, lobbyist, Professor of Constitutional Law at the McGeorge School of Law, University of the Pacific, Court of Appeals for Ninth Circuit
 * US Supreme Court Career **

 Early Life A  nthony Kennedy  Anthony McLeoud Kennedy was born on July 23, 1936  in Sacramento , California . His dad was a lawyer and a lobbyist for various businesses. His mom was a participant in many of Sacramento ’s civic activities. He graduated from high school and attended Stanford  <span style="font-size: 11pt; color: rgb(51, 22, 223);">University <span style="font-size: 11pt; color: rgb(51, 22, 223);">. He did undergraduate studies for 1 year at the London School of Economics where he earned his A.B. and Phi Beta Kappa key in 1958. <span style="font-size: 11pt; color: rgb(51, 22, 223);">After Stanford he went to <span style="font-size: 11pt; color: rgb(51, 22, 223);">Harvard <span style="font-size: 11pt; color: rgb(51, 22, 223);"> <span style="font-size: 11pt; color: rgb(51, 22, 223);">Law <span style="font-size: 11pt; color: rgb(51, 22, 223);"> <span style="font-size: 11pt; color: rgb(51, 22, 223);">School <span style="font-size: 11pt; color: rgb(51, 22, 223);"> and graduated with honors. Afterwards he returned to <span style="font-size: 11pt; color: rgb(51, 22, 223);">California <span style="font-size: 11pt; color: rgb(51, 22, 223);"> and went to <span style="font-size: 11pt; color: rgb(51, 22, 223);">San Francisco <span style="font-size: 11pt; color: rgb(51, 22, 223);"> to work as an associate for a law firm. Two years later his dad died and he returned to <span style="font-size: 11pt; color: rgb(51, 22, 223);">Sacramento <span style="font-size: 11pt; color: rgb(51, 22, 223);"> to take over his father’s practice. In that same year he got married and had three children. Although he didn’t have much experience as a lawyer a lot of his father’s clients thought he had more legal skills than his father. With his sociable talent he was friends with a lot of <span style="font-size: 11pt; color: rgb(51, 22, 223);">California <span style="font-size: 11pt; color: rgb(51, 22, 223);">’s politicians. <span style="font-size: 11pt; color: rgb(51, 22, 223);">As Kennedy worked as a lobbyist he was friends with Ed Meese who was part of the California District Attorney Association. Meese went on to work for Reagan in 1966 and he brought along Kennedy to help him in 1973 to help make a plan to cut taxes and spending. Kennedy helped to make Proposition One, a ballot which was to limit the state's spending. He campaigned throughout the state to put forward the message and Reagan acknowledged him. Unfortunately it failed. <span style="font-size: 11pt; color: rgb(51, 22, 223);">Kennedy was recommended to President Gerald Ford for a vacancy on the U.S. Court of Appeals for the Ninth Circuit by Reagan. In 1975 he joined as the youngest judge. Carter expanded the court w/ liberal judges and Kennedy was head of the court's conservative minority. <span style="font-size: 11pt; color: rgb(51, 22, 223);">He’s a very sociable person. His opponents even admired his thoughtful opinions. He remains conservative on crime issues. Most people have viewed him as fair-minded. <span style="font-size: 11pt; color: rgb(51, 22, 223);">In 1987 Justice Lewis Powell retired and Kennedy was on the list for possibilities for Reagan’s nomination. Reagan had two nominations in mind before Kennedy but the first guy couldn’t reach confirmation w/ the Senate and the second guy in mind withdrew himself because of alleged marijuana use. Meese mentioned Kennedy to Reagan to fill the seat and it was confirmed <span style="font-size: 11pt; color: rgb(51, 22, 223);">February 3, 1988 <span style="font-size: 11pt; color: rgb(51, 22, 223);">. <span style="font-size: 11pt; color: rgb(51, 22, 223);">Since already having experience as a federal judge Kennedy made a good transition to the Supreme Court.

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 * Voting Record: ** Republican, tends to vote with the majority but sometimes wavers.
 * Decisions: • Merck vs. Integra Life Sciences **

<span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;"> • <span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;">Merck was sued by Integra for supplying their drug to other companies for use in preclinical research; Merck replied by claiming that their actions <span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;"> <span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;">were allowed by federal law that stated that it wasn't infringement if it wasn't imported outside of the US, if the patented invention was going to <span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;">  <span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;">good use. District court ruled against Merck and awarded damages to Integra. In conclusion, they ruled against Merck and modified the damage <span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;"> <span style="color: rgb(30, 2, 39); font-family: 'Times New Roman',Times,serif;">payments awarded to Integra Life Sciences.

** • Verizon vs. Trinko **     ** Curtis Trinko was an ATT customer but received his service from Verizon, which ATT was permitted to use if they paid a small fee. Trinko ended up claiming that Verizon was prejudiced against ATT customers by providing them bad service and he claimed it violated two acts- the Telecommunications act and Sherman Anti-Trust Act of 1890. Federal district court ruled that Trinko didn't have the right to sue them because he wasn't a direct Verizon customer. Another Circuit Court of Appeals panel reinstated the Sherman Act's charges. The question that arose was: "When a company fails to meet its duty to share it network with competitors under the Telecommunications Act, can it be sued under the Sherman Act? ** ** The consensus was a resounding no. Kennedy joined Scalia's opinion on this. **

•Alabama v. Bozeman Michael Bozeman was held in a federal prison in Florida, and the district attorney for Covington County, Alabama sought to sue him for firearm charges and detain him there in Alabama. The Interstate Agreement on Detainers states that someone must be tried within 120 days of his original trial. After ending up in the Alabama prison, he was sent back to Florida. When he returned yet again, the local council decided to dismiss the charges, but he was later convicted once more.

Question: <span style="font-family: 'Times New Roman',Times,serif;">Does the Interstate Agreement on Detainers require the dismissal of criminal charges when a prisoner serving a federal sentence is transferred for a day to be arraigned on state charges and then returned to the original place of imprisonment before trial? <span style="font-family: 'Times New Roman',Times,serif;"> The conclusion was a resounding, unanimous yes, and one that Kennedy agreed with.

2006 __Civil Rights Acts Nine votes 4 hill__ Kennedy wrote the majority opinion " Under these circumstances a grant of injuctive relief could not be seen as barring the execution of Hill's sentence." **Clarence Hill was sentenced to death in Florida, an execution being a three drug combination. Hill claimed that this type of lethal injection was unececessary and very painful and therefore it violated the Eigth Amendment- cruel and unusual punishment. Hill had previously filed for a habeas corpus challenging his conviction and the federal district court ruled that this was equal to a second habeas corpus appeal. Conclusion:** In an unanimous decision the Supreme Court held that challenging an execution was fundamentally different from challenging a convinction or sentence. This was supported by the fact that if Hill were to have other forms of execution it would be constitutional, and Florida state law does not require that particular form of execution in that case.
 * Judicial Philosophy/Ideology: believes in abortion, wo[[image:http://www.ontheissues.org/images/s050_060.gif]]man's right to choose **
 * __Hill vs. McDonough__
 * Question: Is a prisoner's challenge to a particular form of execution- but not to the execution itself- the practical equivalent**
 * of a federal habeas corpus petition and therefore barred if the prisoner has already sought habeas review?

But the district court in Tallahassee and an appeals court in Atlanta did not agree, ruling that he should've filed earlier. It went to the Supreme court again and the vote was 5-4 on Sep. 20, 2006 to deny another stay. It had been 24 years after his crime and he was executed that day with the lethal injection.

2006** 6-3 decision kenendy voted w/ the majority** On a street in San Bruno, California a police officer stopped and searched Donald Curtis Samson, who was on parole. The officer found that Samson was in possesion of methamphetamines. Samson was arrested and charged with drug possesion in state court. The officer admitted that he had no warrant and he had only stopped him becuase he knew he was on parole. At trial Samson argued that the drugs were inadmissable as evidence and that the search was a violation of his Fourth Amendment Rights. Conclusion:** The supreme court held that Samson "did not have an expectation of privacy that society would recognize as legitimate." Samson was also subject to sign an agreement that stated " subject to search or seizure by a parole officer or peace officer, w/ w/o search warrant and w/ or w/o cause. The 3 that disagreed said that parolees have a greater expectation of privacy than prisoners, which was violated by the search in this case.
 * __Samson vs. California__
 * __Criminal Procedure, Search and Seizure__
 * Question: Did the Fourth Amendment prohibit police from conducting a warrantless search of a person who was subject to a parole search condition, where there was no suspicion of criminal wrongdoing and the sole reason for the search was because the person was on parole?

2007 Privacy, Abortion** In 2003 the Partial-Birth Abortion Ban Act was passed by the congress and signed by the President. This controversial concept is defined in the Act that any abortion in which the death of the fetus occurs when " the entire fetal head or any part of the fetal trunk past the navel is outside the body of the mother." Dr. Carhart and other physicians who perfrom late- term abortions sued to stop this Act from going into effect. The plantiffs argued that this could apply to a more common abortion (D&E) dialation and evacuation. The act lacks the exception of abortions that partial birth abortions aren't even medically necessary and the health of the mother making it unconstitutional. A federal district court ruled that it's unconstitutional on both grounds. the goverment appealed to the Court Appeals for the Eigth Circuit. The goverment argued that the act banned only a few of the abortion procedures and that a health exception is not required when congress determines that a banned abortion procedure isn't neccesary for the health of the mother. The Circuit Court ruled that the disagreement among medical experts over the need of D&E abortions was sufficient to estalish that the Act was unconstitutional w/o a health exception. to protect the health of the mother? kennedy voted w/ the majority and wrote the opinion stating that "the act applies to an only specific method of abortion, it held that the ban was unconstitutionally vague, overbroad, or an undue burden on the decision to obtain an abortion.**
 * Gonzales VS. Carhart
 * Question:** Is the Act an unconstitutional vioaltion of personal liberty protected by the 5th amendment because it lacks an exception for partial- birth abortions
 * Conclusion: 5-4 vote

ellen's notes- will add the 'decisions' when i get back from my performance. http://www.oyez.org/justices/anthony_kennedy/ [|http://en.wikipedia.org/wiki/Clarence_Hill_(murderer])
 * Bibliography: ** oyez.com, http://www.achievement.org/autodoc/page/ken0bio-1