Rapanos v. U.S.

What Does Justice Kennedy’s Retirement Mean for Environmental Protection?

Short Answer: It’s Not Good

The news that Justice Anthony Kennedy is retiring has ramifications for many important areas in constitutional law, including affirmative action, same-sex marriage, and abortion.  His vote was also pivotal in many environmental cases.  Justice Kennedy will almost certainly be replaced by a more conservative justice. If that justice votes with the conservative wing of the …

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