Actually Kennedy was going libertarian in his opinion on the Texas sodomy law. That would bode well since Obamacare has touches both states rights and individual rights.
“Actually Kennedy was going libertarian in his opinion on the Texas sodomy law. That would bode well since Obamacare has touches both states rights and individual rights.”
True. But he wasn’t interpreting the constitution. He was joining the “make stuff up because I think it’s a good idea” crowd on the left.
That’s what makes him so unreliable. His judicial philosophy is the same as breyer, ginsberg, and the wise latina—smart, elite judges ought to be able to impose their morality on average people by pretending their morality is in the constitution. He differs with breyer et al on what the imposed result should be in some cases.
That’s why he is better than breyer in result but no different in judicial philosophy.