Can. 1399 In addition to the cases established here or in other laws, the external violation of a divine or canonical law can be punished by a just penalty only when the special gravity of the violation demands punishment and there is an urgent need to prevent or repair scandals.
Can. 750 §1. A person must believe with divine and Catholic faith all those things contained in the word of God, written or handed on, that is, in the one deposit of faith entrusted to the Church, and at the same time proposed as divinely revealed either by the solemn magisterium of the Church or by its ordinary and universal magisterium which is manifested by the common adherence of the Christian faithful under the leadership of the sacred magisterium; therefore all are bound to avoid any doctrines whatsoever contrary to them.
§2. Each and every thing which is proposed definitively by the magisterium of the Church concerning the doctrine of faith and morals, that is, each and every thing which is required to safeguard reverently and to expound faithfully the same deposit of faith, is also to be firm-ly embraced and retained; therefore, one who rejects those propositions which are to be held definitively is opposed to the doctrine of the Catholic Church.Can. 1371 The following are to be punished with a just penalty:
1/ in addition to the case mentioned in ⇒ can. 1364, §1, a person who teaches a doctrine condemned by the Roman Pontiff or an ecumenical council or who obstinately rejects the doctrine mentioned in can. 750, §2 or in can. 752 and who does not retract after having been admonished by the Apostolic See or an ordinary;
2/ a person who otherwise does not obey a legitimate precept or prohibition of the Apostolic See, an ordinary, or a superior and who persists in disobedience after a warning.
Can. 751 Heresy is the obstinate denial or obstinate doubt after the reception of baptism of some truth which is to be believed by divine and Catholic faith; apostasy is the total repudiation of the Christian faith; schism is the refusal of submission to the Supreme Pontiff or of communion with the members of the Church subject to him.
Can. 1364 §1. Without prejudice to the prescript of can. 194, §1, n. 2, an apostate from the faith, a heretic, or a schismatic incurs a latae sententiae excommunication; in addition, a cleric can be punished with the penalties mentioned in can. 1336, §1, nn. 1, 2, and 3.
§2. If contumacy of long duration or the gravity of scandal demands it, other penalties can be added, including dismissal from the clerical state.
Now if excommunication doesn't apply, I'd imagine that Canon 915 would apply in the case of Kennedy:
Can. 915 Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.
With his rants pertaining to both Windsor and Obergefell, I would think that this would qualify as "obstinate perseverance in manifest grave sin" in the case of Kennedy. In the case of Sotomayor, well, she's a self-identified "former Catholic" who goes to church for family occasionso only, so it doesn't really matter too much in her case.
The canon seems to indicate that not only “COULD” he be that he “SHOULD” be.
How often are people excommunicated?
One can only conclude that the Church is complicit in the destruction of US religious principles if it doesn’t excommunicate judges who support gay marriage and/or abortion.
The church hierarchy has been notoriously loath to use excommunication against heretical politicians who are causing injury to the Church. Cowardice? Reluctance to lose big liberal donors? All of the above?
Stakes. Kerosene.
They are not in the Supreme Court to uphold the canons of the Catholic Church. They are there to uphold the tenets of the the Constitution (the two are compatible)
There will be hell to pay.
Read Thomas’ dissent
The Catholic Church has so many canons and catechisms a person might think it is impossible to be a good Catholic.
But then, confession and some “Hail Marys” or high political office seems to be able to fix that.