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?
How many young minds are being polluted as we speak in the K-12 system to despise our founding principles? Undergrad universities are leftist finishing schools. A conservative friend of mine said a law school prof of his taught a course “from the Marxist point of view.”
The question perhaps shouldn't be why there are so many whack-job liberals in high courts, but rather, why are there any conservatives at all?