On Eve Of Marriage Equality Cases, Justice Kennedy Suddenly Claims To Care About Judicial Restraint

[Tx4obama]

On Eve Of Marriage Equality Cases, Justice Kennedy Suddenly Claims To Care About Judicial Restraint

Justice Anthony Kennedy doesn’t like law. Or, at least, he doesn’t like for people that aren’t him to engage in lawmaking. Kennedy did not simply vote to toss out nearly two-hundred years of established law in order to strike down part of the Affordable Care Act, he wanted to toss out the entirety of Obamacare. He was the driving force behind Citizens United. He’s given sweeping legal immunity to corporations. A 2005 study found that Kennedy was the second most likely justice to strike down acts of Congress — second only to the guy who thinks federal child labor laws are unconstitutional.

So Kennedy is very quick on the draw when he has the opportunity to shape American law more to his liking, an instinct on his part that has generally served America very badly. One rare instance where Kennedy’s has actually been a force of good, however, is gay rights. Kennedy authored two landmark decisions in this space, and is viewed as the most likely fifth vote to strike down the anti-gay Defense of Marriage Act.

Which is why it is a bit concerning to see Kennedy suddenly claiming that he believes in judicial restraint while he is no doubt in the process of reviewing briefs in the marriage equality cases:

U.S. Supreme Court Justice Anthony Kennedy said Wednesday that congressional lawmakers need to maintain the nation’s balance of power by being able to compromise, expressing concerns that the high court is increasingly the venue for deciding politically charged issues such as gay marriage, health care and immigration.

-snip-

Full article here: http://thinkprogress.org/justice/2013/03/08/1689611/on-eve-of-marriage-equality-cases-justice-kennedy-suddenly-claims-to-care-about-judicial-restraint/

[Dawson Leery]

1. Quite the hypocrite.

He does not want the USSC to be the venue to decide healthcare matters, yet he voted down the AHCA.
If he did not want the court to decide, then he should have respected the congress's decision to pass healthcare reform.

[blkmusclmachine]

2. Kennedy will vote to uphold DOMA/Prop 8.

No question about it.

[blkmusclmachine]

3. My prediction:

6-3 upholding both DOMA and Prop 8.

[Dawson Leery]

4. kick