Abortion, Free Speech And Justice Kennedy’s Last Word

Law360 (July 12, 2018, 5:27 PM EDT) -- When U.S. Supreme Court Justice Anthony Kennedy announced his retirement on the last day of the high court's most recent term, two issues immediately rose to the fore. One was the future of abortion jurisprudence, given that Justice Kennedy had provided a swing vote supporting the right to abortion in key cases where it faced weakening or overturning. The second was the “weaponizing” of First Amendment speech and conscience rights to limit governmental power to regulate, particularly in the professional or workplace context — another area where Kennedy played a major role in shaping the Supreme Court’s jurisprudence.

NIFLA v. Becerra,...

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