Two from Kennedy

by Jonathan H. Adler

SCOTUSBlog reports that Justice Kennedy delivered the opinions for the Court in the first two cases released today, Leegin Creative (an antitrust case), and Panetti (a death penalty case), both decided by a 5-4 vote.  In the former, Justice Kennedy’s opinion overturned an archaic century-old antitrust opinion.  In the latter, Justice Kennedy joined with the Court’s four liberals to overturn a death sentence for a mentally incompetent convict.