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Unpublished Paper
Justice Kennedy's Most Important Constitutional Opinions
ExpressO (2010)
  • Randall Kelso, South Texas College of Law
  • Charles Kelso

Abstract for Kelso & Kelso, Justice Kennedy’s Most Important Constitutional Opinions In this article, we have undertaken to evaluate Justice Kennedy’s majority, concurring, and dissenting opinions in terms of their importance for society and the law. We have found no single criteria by which to assess importance. Instead, we have used a balancing system whose elements are: (1) how many people are likely to be affected over time; (2) how important are the competing interests to individuals, society, or government; (3) how much impact is the opinion likely to have on the development of constitutional law; and (4) what effect the opinion is likely to have on the role of the Court in American legal history. We discuss Justice Kennedy’s “Top Ten” majority opinions, his “Top Ten” concurring opinions, and his “Top 4” dissenting opinions. In addition, an Appendix is attached to the Article listing 38 other majority opinions, 25 concurrences, and 13 dissents written by Justice Kennedy which are also noteworthy Kennedy opinions.

Publication Date
November 9, 2010
Citation Information
Randall Kelso and Charles Kelso. "Justice Kennedy's Most Important Constitutional Opinions" ExpressO (2010)
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