Justice Anthony Kennedy

Kids in Defense of the Culture

The shock troops against Conservatism, Inc. have arrived. Witness the rise of the groypers. These cowboys sent people ducking beneath barstools the moment they set a spurred boot in the Culture War saloon. It has been amusing, to say the least, but not everyone is laughing. Some have even warned that the pale rider of [...]

Is Brett Kavanaugh the New Scalia—or Just Another Kennedy?

As the United States has grown more and more ideologically polarized, the divide has been magnified on the Supreme Court. The divisions on the Court made Justice Anthony Kennedy the most powerful man in America by 2018 because he was often the Court’s swing vote on important decisions. Where the swing vote of the Supreme [...]

Is the State Church Coming?

Last week, presidential hopeful Beto O’Rourke said outright that if he is elected president, he will work to eliminate the tax-exempt status for churches that hold traditional views of gender and sexuality. And O’Rourke is not the only candidate taking aim at groups that defend age-old beliefs about marriage and gender. His Democratic rival Cory [...]

Would a Justice Kavanaugh Defend Religious Liberty?

If one overarching theme emerged from the decisions handed down in June in the most important cases of the 2017-18 Supreme Court term, it was that the First Amendment matters. Or rather, that one particular clause of the First Amendment—the guarantee of the right of freedom of speech—matters. Whether other clauses, in particular the right [...]

The Accidental Justice

Justice Anthony Kennedy’s tenure on the Supreme Court was filled with irony. Had it not been for the smear campaign that defeated Judge Robert Bork’s nomination and the withdrawal of Judge Douglas Ginsburg’s nomination because of past drug use, Kennedy never would have risen to the judicial power he used with such gusto. Sadly less [...]

Three Things America Needs from the New Supreme Court Justice

Justice Anthony Kennedy has just announced his retirement from the Supreme Court. Everyone is talking about who will be his replacement. Much is at stake. For the liberals, it could spell the end to the precarious situation in which Kennedy’s swing vote has brought them many major victories and some small defeats. For the conservatives, [...]

Justice Kennedy Enshrines into Law the Infamous Legacy of JFK

As Catholics, we want to be treated fairly and we certainly need the freedom to live our faith outside of our mind, our home and our church buildings. What progressives seem to presume is that we want an advantage over other faiths and ideologies. This is not the case. We believe that non-Catholic Christians, Buddhists, [...]

Obergefell and the Apotheosis of Judicial Will

With the confirmation of Neil Gorsuch to the U.S. Supreme Court, many social conservatives breathed a sigh of relief. From what we know of his record, Justice Gorsuch does seem to be a worthy successor to Justice Antonin Scalia. Even if Gorsuch is somewhat less distinguished as a legal mind than Scalia, he is clearly [...]

The Flowering of Legal Cynicism

More than one commentator has noted that the majority decision in Obergefell v. Hodges, requiring states to issue marriage licenses to same-sex couples, actually was decades in the making. No-fault divorce and our culture of sexual promiscuity, separating sex and even pregnancy from childbirth, inevitably dissolved the social consensus recognizing the natural family, including its children, [...]

Time to Knock the Supremes Down a Peg or Three

Besides doing something about certain lawless decisions made by our black-robed masters, something must also be done about how we came to such a place where they can cast their gaze across the fruited plain and whatever catches their fancy becomes the law of the land, indeed higher than the Constitution. Roe was bad enough, [...]

Justice Kennedy Creates Same-Sex “Marriage” Ex Nihilo

In Obergefell v. Hodges, America was once again confronted with the pseudo-philosophical and theological ruminations of Justice Anthony Kennedy. Though one’s initial, reasonable tendency would be to assess any court decision on legal grounds, Justice Kennedy’s opinion is founded on a constitutional jurisprudence that went awry long ago. Instead, perhaps the more appropriate hermeneutic for [...]

Is Polygamy Right Around the Corner?

Why did same-sex “marriage” (SSM) activists focus only on gay marriage and not bring along polygamy for the ride? The arguments that apply to SSM certainly apply to polygamy, but with even more force. Consider that one of Anthony Kennedy's arguments in favor of recognizing SSM was that there is a stigma attached to same-sex [...]

Kennedy Replaces the “Laws of Nature” with His Own

Same-sex "marriage" advocates will heartily celebrate July 4 this year, thrilled with the possibilities in the New America they’re creating in their own image. They will be especially grateful to Anthony Kennedy and the four liberal justices who gave them gay "marriage" by assuming unto themselves what Thomas Jefferson two-and-a-half centuries ago called “the Laws [...]

On Justice Kennedy’s Tenuous Grasp of Human Dignity

“At the heart of liberty,” wrote Justice Anthony Kennedy, poetaster supreme, versifying for the majority in Planned Parenthood v. Casey (1992), is “the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.” That included the mysterious business of taking other lives, inconvenient lives brought [...]

The Supreme Court: A Despotic Agent of Change

We have seen all this before. The Supreme Court takes on an important and controversial case. One side aims clearly at an end-result based on personal and ideological predilections.  It knows that it has the votes to win a majority of the court and to impose its decision on the nation. Yet, it is not [...]

Why Same-Sex “Marriage” Arguments are So Terrible

On April 28, the Supreme Court heard oral arguments on whether same-sex "marriage" should be legal in every state. As articulated by Justice Kennedy, gay and lesbians have a powerful motivation for their claim, namely, human dignity: “Same-sex couples say, of course, we understand the nobility and the sacredness of the marriage. We know we can’t [...]

A Child of Gay Parents Writes to Justice Kennedy

Dear Justice Kennedy, June is nigh, and with it will comes your ruling on the most contentious political issue of our time: marriage. I write because I am one of many children with gay parents who believe we should protect marriage. I believe you were right when, during the Proposition 8 deliberations, you said “the [...]

The Irrationality of the Court’s DOMA Decision

So-called same-sex marriage is not yet the law of the land, although in its U.S. v. Windsor case handed down on June 26, 2013, the U.S. Supreme Court nevertheless recognized it as truly a marriage in those jurisdictions where it has been legalized by some official action. How the high court could ever have legalized [...]

The Darkness Gathers

In his dissent in United States v. Windsor, the Supreme Court decision invalidating the federal definition of marriage as natural marriage, Justice Scalia rightly identified as particularly outrageous the Court’s assertion that the purpose of the definition was a “‘bare ... desire to harm’ couples in same-sex marriages.” The assertion is ignorant and bigoted to [...]

Want Religious Liberty? Live Your Faith

From the standpoint of Catholicism there is no more important right than religious liberty. It is the first of our freedoms. As Catholics, we cherish religious liberty because we have been made by God and for God—our hearts are restless, as Saint Augustine wrote, until they rest in Him. God gave us freedom so that [...]

The Supreme Court’s Misuse of Children to Justify Same-Sex Marriage

Of all the misconceived nonsense in the recent Windsor v. United States ruling, perhaps the most egregious was Justice Anthony Kennedy’s insinuation that “the children made me do it.” Windsor declared the Defense of Marriage Act unconstitutional because it defined marriage as being between one man and one woman. Why was DOMA a problem for [...]

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