Assumption?? How can it be otherwise? How many times will the feds be told they're overstepping their bounds by a court that works for them? Second, the fed is a creation of the states and works for them. How can the feds possibly possess so much power that those who gave them that power cannot override them?
All excellent points of course. You must have been following along. ;^)
As a Canadian I have wondered how the USA could believe that the constitution envisioned ALL interpretation could turn on the views of politically appointed non-elected Justice. In this case Kennedy would be the deciding vote.