Is Justice Kennedy Grooming Himself for Posterity?
With last term’s Obergefell decision, his unexpected 4–3 opinion in Fisher v. University of Texas, and his siding with the Supreme Court’s liberal bloc to strike down Texas’s HB2, the regulation of abortion clinics and abortion providers passed in 2013, Justice Anthony Kennedy’s judicial legacy will include the trifecta of same-sex marriage, racial preferences, and abortion rights — hardly what President Ronald Reagan had in mind when he nominated Kennedy to the High Court in 1987, following the Senate’s shameful rejection of Judge Robert H. Bork. (Sadly, “Borking” paid off for the Left.) Does Kennedy’s recent leftward tilt indicate a conscious decision on his part to join the ascendant liberals, cementing a progressive legacy, as suggested by Jeffrey Toobin?
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