Rich Lowry today at the National Review takes Justice Kennedy to task on how he reaches a conclusion on cases before the court. Lowry writes:
Why did the Founders bother toiling in
the summer heat of Philadelphia in 1787 writing a Constitution when
they could have relied on the consciences of Supreme Court justices
like Anthony Kennedy instead?
Kennedy is the Supreme Court?s
most important swing vote and its worst justice. Whatever else you
think of them, a Justice Scalia or Ginsburg has a consistent judicial
philosophy, while Kennedy expects the nation to bend to his moral
whimsy. With apologies to Louis XIV, Kennedy might as well declare ?la constitution, c?est moi!?
In
a 2005 interview, Kennedy said of the Court, ?You know, in any given
year, we may make more important decisions than the legislative branch
does ? precluding foreign affairs, perhaps.? (He was wise to include
the ?perhaps,? in light of the recent Guantanamo Bay decision.) He went
on to note how judges need ?an understanding that you have an
opportunity to shape the destiny of the country.?
This fits in with our speaker?s topic from lunch yesterday, William Mellor of the Institute for Justice.
