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How do I update a page? Powell Jr. In early , Kennedy was easily confirmed by the Senate, which had just dealt with the highly controversial and failed nominations of Judges Robert H.
Bork and Douglas H. Roberts Jr. Alito Jr. Kennedy has sided with the liberals in key decisions on school prayer, political speech and obscenity. His overriding concern for liberty and his willingness to view the Constitution as a living document are important features of his First Amendment jurisprudence. In free-exercise cases, Kennedy has joined with his fellow conservatives on the Court in adopting the neutrality test, a test put forth by the majority in Employment Division, Department of Human Resources of Oregon v.
Smith , which upheld the denial of unemployment benefits to two Native Americans who were fired from their jobs for ingesting peyote for religious purposes. City of Hialeah that struck down a local ordinance prohibiting animal sacrifice, because the statute targeted the Santeria religion and therefore failed the neutrality test. In the area of religious establishment, Kennedy has voted with his colleagues to accommodate religion, with a few notable exceptions. In cases on the religious use of public facilities and funds, Kennedy has always been an accommodationist.
In Rosenberger v. Rector and Visitors of the University of Virginia , for example, he wrote the majority opinion that held that student religious groups were entitled to the same state university student activity funds to produce a religious newspaper that student nonreligious groups received.
His opinion in Rosenberger advanced the concept of avoiding viewpoint discrimination as a leading First Amendment principle. Similarly, in cases on the government endorsement of religion, he has also been completely accommodationist, such as in Van Orden v. Perry and McCreary County v. American Civil Liberties Union in which he voted to allow Ten Commandment displays on public grounds regardless of the circumstances surrounding their placement.
In the area of aid to religious schools, Kennedy has also accommodated religion in every instance — such as school vouchers in Zelman v. Simmons-Harris — except one.
Grumet , he invalidated a public school district that the state of New York had created specifically for a community of Hasidic Jews. In school prayer cases, Kennedy generally has joined the liberals in separating church and state under the establishment clause.
In both Lee v. Alito, Jr. He served as a law clerk for Leonard I. He was Assistant U. Department of Justice, —, and U. Attorney, District of New Jersey, — Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat January 31, She earned a B. In , she earned a J. In , President George H. Bush nominated her to the U. She received an A. She clerked for Judge Abner Mikva of the U. Court of Appeals for the D. Circuit from and for Justice Thurgood Marshall of the U.
Supreme Court during the Term. After briefly practicing law at a Washington, D. Between and , she served as the Dean of Harvard Law School. She took her seat on August 7, Kennedy completed his graduation requirements in three years and attended the London School of Economics for a year before receiving his bachelor's degree in political science from Stanford University in He then attended Harvard Law School, graduating cum laude in He subsequently served a year in the California Army National Guard.
When his father died unexpectedly in , Kennedy took over the law practice. That same year, he married Mary Davis, who he had known for several years.
Together, they would have three children. Just after starting at the law office, Kennedy began acting on what would be his lifelong interest in education.
He accepted a position as professor of constitutional law at the University of the Pacific's McGeorge School of Law, where he taught from to He worked as a lobbyist in California and became friends with Ed Meese, another lobbyist with close ties to Ronald Reagan. Kennedy assisted then-Governor Reagan in drafting Proposition 1, a ballot initiative to cut state spending. Though the proposition failed, Reagan was very appreciative of the assistance and recommended Kennedy to President Gerald Ford for an appointment to the U.
Court of Appeals for the Ninth Circuit. At 38, Kennedy was the youngest federal appeals court judge in the country. His calm demeanor and friendly personality kept the deliberations civil on the often divided court. Setting aside ideology, Kennedy took a case-by-case approach, keeping his opinions narrow and avoiding sweeping conclusions and rhetoric. This tactic earned him the respect of opposing judges and lawyers alike.
Kennedy's distinguished tenure on the Ninth Circuit put him on the shortlist of candidates to fill the seat of retiring Supreme Court Justice Lewis Powell in Instead, President Reagan nominated Robert H.
Bork, whose outspoken demeanor and sharply conservative views on constitutional law and social policy led to his rejection by the Senate. The quieter Kennedy was eventually nominated and was unanimously confirmed.
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