Anthony McLeod Kennedy
How Judge Kennedy rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Kennedy left this court for the U.S. Supreme Court. This profile is preserved as a historical record of how they ruled here.
About Judge Kennedy
Anthony McLeod Kennedy was a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Gerald Ford, Judge Kennedy received a commission on March 24, 1975. Judge Kennedy left the court on February 18, 1988 on appointment to the Supreme Court of the United States.
How Judge Kennedy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Miller v. Grgurich, he placed the burden of establishing federal jurisdiction on the party that removed the case.
“The burden of establishing federal jurisdiction rests with the party seeking removal.”
In United States v. Freeman, Kennedy reversed twelve tax-assistance convictions because the jury had been barred from considering a First Amendment defense, but affirmed two counts whose evidence left no ground for that defense.
“Words alone may constitute a criminal offense, even if they spring from the anterior motive to effect political or social change.”
Procedural preferences
In Gutierrez v. INS, he remanded for an agency decision on a potentially dispositive nonconstitutional ground before a constitutional question was reached.
“Since the determination of this constitutional question was unnecessary to the BIA’s resolution of the present case, we vacate its decision and remand”
In CBS, Kennedy granted access to sealed post-conviction filings because the asserted reasons for closure did not overcome the presumption of public access, and he required particularized findings for any closure.
“The interest which overrides the presumption of open procedures must be specified with particularity, and there must be findings that the closure remedy is narrowly confined to protect that interest.”
Cautions
In Dyniewicz v. United States, he upheld dismissal of an untimely Federal Tort Claims Act claim despite a defect in the agency’s denial procedure.
“We find the agency's denial of the claim was defective, but nonetheless that the claim was not filed timely with the agency in the first instance.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“REVERSED IN PART and REMANDED.”
A historical record
Judge Kennedy left this court for the U.S. Supreme Court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.