Anthony McLeod Kennedy
How Judge Kennedy rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Kennedy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kennedy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Starts with the governing allocation of burdens when deciding whether federal jurisdiction exists.
“The burden of establishing federal jurisdiction rests with the party seeking removal.”
Distinguishes protected advocacy from speech sufficiently connected to criminal conduct to support liability.
“Words alone may constitute a criminal offense, even if they spring from the anterior motive to effect political or social change.”
Procedural preferences
Avoids constitutional adjudication when a nonconstitutional ground may dispose of the case.
“Since the determination of this constitutional question was unnecessary to the BIA’s resolution of the present case, we vacate its decision and remand”
Requires specific findings before sealing judicial records from public access.
“We grant the requested relief.”
Cautions
Applies statutory filing deadlines even when an agency's later denial procedure was defective.
“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 no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.