How to Win Justice Kennedy’s Vote

Jeffrey Toobin: “The secret to advocacy before the contemporary Supreme Court is no secret: it’s all about pandering to Justice Anthony Kennedy. With the other eight Justices evenly split between liberals and conservatives, lawyers in controversial cases spend most of their energy indulging the idiosyncratic passions of the rangy Californian who sits beside the Chief Justice.”

“That means, for the most part, talking about the First Amendment. In his thirty years on the bench, Kennedy has displayed an almost Pavlovian receptivity to claims of infringement on the freedom of speech.”

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