Justice Kennedy - Good and Stupid

4 posts / 0 new
Last post
Watcher
Offline
Last seen: 1 hour 47 min ago
Joined: 03/23/2008 - 12:32pm
Justice Kennedy - Good and Stupid

I admit that have not followed Kennedy's judicial renderings but knew he was a swing vote and helped to get many Conservative issues formulated. He also seems to be a bit of a dunce. He tended to side with Liberals when it was a politically correct thing to do. Some of the things he ruled in favor of are:

1. "Kennedy was the essential fifth vote in Obergefell v. Hodges, the 2015 decision that created a constitutional “right” to gay marriage, overriding the rights of the states to decide this policy question. Kennedy’s majority opinion is a mishmash of philosophical meanderings, or what Chief Justice John Roberts might call “sociological gobbledygook,” rather than a real interpretation of the text and meaning of the Constitution and applicable law."

2. Scalia said about some decisions..."The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

3. "Kennedy was also the unfortunate author of Boumediene v. Bush, which extended the writ of habeas corpus (the right to go to court to contest imprisonment) to jihadist terrorists. As Scalia said in his dissent, Kennedy “for the first time in our Nation’s history” conferred “a constitutional right” on “alien enemies detained abroad by our military forces in the course of an ongoing war.”

4. "And in an especially ugly 2008 case, Kennedy v. Louisiana, Justice Kennedy led the four liberal justices of the Supreme Court in eliminating the death penalty in an especially gruesome case involving a defendant who was charged with the aggravated rape of his 12-year old stepdaughter, who he had been sexually abusing since she was age 8. Justice Kennedy did this despite writing that this crime “was one that cannot be recounted in these pages in a way sufficient to capture in full the hurt and horror inflicted on” the victim."

Good, Bad and Dumb

Bruce Libby
Offline
Last seen: 1 hour 32 min ago
Joined: 01/17/2006 - 7:08pm
Is number two about Kennedy

Is number two about Kennedy specifically or entire court ?

" have not followed Kennedy's judicial renderings " , They can be informative even from a dunce.

anonymous_coward
Offline
Last seen: 19 hours 39 min ago
Joined: 10/21/2016 - 12:18pm
Here is a sober analysis of

Here is a sober analysis of Kennedy's voting:
https://fivethirtyeight.com/features/justice-kennedy-wasnt-a-moderate/

To be fair, I take any statistical analysis of judicial opinions with a grain of salt, because there is a lot more nuance and complexity in a judicial decision than just which side the person took (unless it's Bush v Gore, in which case it's just partisan hackery).

Mainelion
Online
Last seen: 11 min 53 sec ago
Joined: 08/11/2005 - 12:01am
But calling the requirement

But calling the requirement to purchase a product a tax is a nuanced judicial decision.

You can't make this stuff up.

Log in to post comments