One example is the fight over the scope of discrimination claims under the Fair Housing Act. Kennedy was the deciding vote when the court unexpectedly sided with the court's liberals three years ago in a key 5-4 ruling. But the fight continues:http://reut.rs/2tUnbRt
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Another example is federal jurisdiction over U.S. waters under the Clean Water Act. Kennedy was a key vote on that issue in a muddled 2006 ruling. Trump administration wants to limit federal jurisdiction. That might be easier without Kennedy around:http://reut.rs/2tUnbRt
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More generally, although Kennedy recently had become more skeptical of federal agency power, his replacement could take that to the next level. That could make it harder for future EPA/CFPB etc regulations to survive legal challenges:http://reut.rs/2tUnbRt
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