It has long been a running joke that the meaning of the Constitution fluctuates depending on what Justice Kennedy had for breakfast on a given day. But now, we have reason to panic. During oral arguments in POM Wonderful LLC v. Coca-Cola Co, Justice Kennedy admitted what I have long suspected–not even *he* knows he had for breakfast!
JUSTICE KENNEDY: Don’t make me feel bad because I thought that this was pomegranate juice.
MS. SULLIVAN: Justice Kennedy Justice Kennedy, it’s pomegranateblueberryflavored blend of five juices. I’ve found that oftentimes well
JUSTICE SCALIA: He sometimes doesn’t read closely enough.
MS. SULLIVAN: Yeah, pomegranateblueberryflavored blend of five juices. And the key point here
If only he knew what was in his morning juice, all those 5-4 decisions may have gone the other way!