Is Anthony Kennedy more liberal or conservative?


Party Like It's 2006:
I say conservative. The conservatives call him liberal, but he's really center-right. No liberal would ever vote to appoint Bush.

From Wikipedia:

"Anthony Kennedy has developed a reputation as a moderate liberal on the bench, often siding with four liberal Justices to take a broad reading of individual rights under the controversial doctrine of substantive due process. Justice Kennedy has represented the deciding vote on many constitutional issues, more frequently, in fact, than Justice Sandra Day O'Connor.

Kennedy's views on issues are fairly consistent. He supports a broad reading of the "liberty" protected by the Due Process Clause of the Fourteenth Amendment, which means he supports a constitutional right to abortion in principle, though he has voted to uphold several restrictions on that right, including laws to prohibit partial-birth abortions. He is "tough on crime" and opposes creating constitutional restrictions on the police, especially in Fourth Amendment cases involving searches for illegal drugs. He opposes affirmative action as promoting stereotypes of minorities. He also takes a very broad view of constitutional protection for speech under the First Amendment, invalidating a congressional law prohibiting "virtual" child pornography in 2004's Ashcroft v. ACLU.

In 1992, Kennedy joined O'Connor and David Souter to form the troika who delivered the plurality opinion in the case of Planned Parenthood v. Casey (1992), which re-affirmed in principle (though not in many details) the Roe v. Wade decision recognizing the right to abortion under the Due Process Clause of the Fourteenth Amendment (Kennedy initially voted to uphold the restrictions on abortion at issue but switched his vote during the consideration of Casey). The plurality opinion, signed jointly by three justices appointed by anti-Roe presidents Ronald Reagan and George H.W. Bush, ignited a firestorm of criticism from conservatives. Kennedy, however, dissented in 2000's Stenberg v. Carhart, which struck down laws criminalizing partial-birth abortion.

Kennedy has taken the leading role in expanding constitutional protection to homosexuals. He wrote the Court's opinion in Romer v. Evans (1996) invalidating the newly passed "Proposition 2," which amended the Colorado Constitution to deny "all legislative, executive, or judicial action at any level of state or local government" designed to protect LGBT people from discrimination. Kennedy's opinion focused on the way in which Proposition 2 singled out LGBT people, and found that it violated the 14th Amendment's promise of Due Process under the law. The opinion was not without disagreement, and has been characterized as advancing controversial constitutional arguments in defense of gay rights. In 2003, he authored the court's opinion Lawrence v. Texas which invalidated criminal prohibitions against homosexual sodomy under the United States Constitution (overturning the Court's previous contrary ruling in 1986's Bowers v. Hardwick) in an opinion filled with passionate rhetoric. In both cases, he sided with the more liberal members of the Court to form 6-3 decisions. Lawrence also controversially referenced international law in justifying its holding."


In my view, he's more liberal than conservative.

Without question he's more "liberal," all though it could be the case he's simply a horrible justice.

Lesson to be learned: 3rd choices are rarely good. Carswell, Haynesworth, STEVENS. Bork, Ginsburg, KENNEDY.

Roberts, Miers, ALITO? :)


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