When Lawrence was decided, I was surprised (unpleasantly) to see AJ Kennedy was the author, and I'm wondering why he's taken over as the "gay seat" on the Supreme Court, even with Diesel Kagan there.
Maybe for "appearances"?
In ways, the disingenuousness and falsity of the Supreme Court decisions in this case, in Lawrence, and in the Obamacare decision by CJ Roberts all stink of the same sort of legal positivism we used to associate with Brennan and Warren and Douglas, and what do you know, the positivism all points in the same direction -- to the Left -- regardless of the training and jurisprudential background of the judges writing the decisions. Or are they writing them at all?
What is going on here? Has con law been totally outsourced to a legal sweatshop somewhere?