Associate Justice Anthony Kennedy Announces Retirement

Huge news out of Washington today…

Associate Justice of the US Supreme Court, Anthony Kennedy, has announced his retirement.  Nominated by President Reagan in 1987, Justice Kennedy has served on the Court for more than three decades and, over time, developed a reputation for being the swing vote in numerous 5-4 cases.

The short-term effects of this development could be felt in swing districts this November.  The long-term effects could be felt if the Court moves in a more conservative direction.

Though the left regarded him as “moderate to conservative” and the right regarded him as “moderate to liberal,” perhaps the most accurate descriptor would be “libertarian.”  Justice Kennedy authored many majority opinions noted for their soaring and lofty rhetoric – his detractors frequently noted that his prose was, at times, wholly untethered from the plain written text of the Constitution.

His failure to fall neatly within the confines of left or right was misunderstood by some to be non-ideological, pragmatic, or even inconsistent.  A closer read tells a different story.  In many 5-4 decisions, Justice Kennedy tended to come out on the side that safeguarded personal liberty.

In general, that kind of jurisprudence has considerable merit in a free society.