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It’s that time of year: Kennedy watching season

The weather is warm, barbecue grills have already been fired up, and schools are recessing for summer. Which means it’s the time of year to start watching the U.S. Supreme Court to see what Justice Anthony M. Kennedy will do.

Not only do the justices tend to save the biggest decisions for the final weeks before the court’s term wraps at the end of June, most of those rulings divide the justices — often 5-4. This year, we are expecting blockbuster rulings on issues including same-sex marriage, affirmative action, voting rights, DNA evidence collection and human gene patentability, and Kennedy — known as the court’s swing voter — may once again be the ultimate decider.

So what will he do? Only the justices know for sure at this point, but Time Magazine’s Massimo Calabresi pointed out that Kennedy has demonstrated in the past that he “likes to be on the right side of history.”

But, he said, “[a]s court watchers learn every June, however, it’s futile to try and guess how Kennedy will come down.”

One comment

  1. Another example of media liberals trying to influence Kennedy by playing to what they think is Kennedy’s un-judicial tendency to rule on an issue based on his personal interests, i.e., how he will be perceived, or recorded by “history.” Massimo Calabresi, no neutral himself, is transparently uses his media to pile on to a grotesque political PR campaign by gays and the Left to pander to what they think is a base instinct of Kennedy’s. If Kennedy rules on the gay marriage cases based on a desire to be on the “right” side of history (when judicial imposition of gay marriage would in fact be on the wrong side of democracy and the rule of law, especially since the people in 30 states have spoken out clearly in opposition to gay marriage at the ballot box), then he is not a true judge. If Kennedy approaches the gay marriage cases without consideration to how he is “perceived” by history, then he is a true judge and history will record that far more flattering attribute. All these activists pandering to Kennedy’s ego are doing nothing but insulting Kennedy, and worse, telegraphing to the public, and young people and law students, their belief that the justices rule based on how they are portrayed in the media or by history. Not a healthy thing or the Court.

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