Friday, June 27, 2008

Starry Decisiveness

On National Review's Bench Memos, Matthew Franck posits "the Kennedy Rule":
when the Court decides 5-4 that any government has done anything contrary to the Constitution, and Justice Kennedy was one of the five, the case was wrongly decided. And its corollary: if Justice Kennedy writes the opinion of the Court in such a case, it will be incoherently reasoned.

1 comment:

Anonymous said...

Is Clarence Thomas married to a niece of Barbara Bush?