Opening up to Justice Kennedy

November 8th, 2015

You never get a second chance to make a first impression. For Justice Kennedy, many of his most important decisions open up with odes to liberty.

Planned Parenthood v. Casey (Yes, I know it is a joint opinion).

Liberty finds no refuge in a jurisprudence of doubt.

Romer v. Evans

One century ago, the first Justice Harlan admonished this Court that the Constitution “neither knows nor tolerates classes among citizens.”

Lawrence v. Texas

Liberty protects the person from unwarranted government intrusions into a dwelling or other private places.

Obergefell v. Hodges

The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.

However, for reasons I cannot explain, the opening to United States v. Windsor was so boring.

Two women then resident in New York were married in a lawful ceremony in Ontario, Canada, in 2007.