Showing posts with label Anthony Kennedy. Show all posts
Showing posts with label Anthony Kennedy. Show all posts

Friday, May 26, 2023

Supremes slap down EPA meddling in property owners' wetlands under Clean Water Act, reversing yet another pestilent view of former justice Anthony Kennedy

A majority in Rapanos (2006) couldn’t agree on how to limit EPA’s authority over wetlands. Four Justices said the Clean Water Act’s scope extended to “only those relatively permanent, standing or continuously flowing bodies of water” such as oceans, rivers and lakes, and wetlands that were directly adjacent and “indistinguishable” from those waters.

However, the agencies and lower courts have adopted Justice Anthony Kennedy’s lone opinion that federal jurisdiction extends to land that has a “significant nexus” to a waterway. This test is as clear as a swamp.

While all nine Justices ruled for the Sacketts, they disagreed on the scope of federal power. The majority strips away the “significant nexus” ambiguity from Justice Kennedy’s Rapanos opinion, but reaffirms the conservative plurality’s view that a “wetland” must “be indistinguishably part of a body of water that itself constitutes ‘waters’ under the CWA.”

Ronald Reagan's worst appointment.

More.

Monday, May 31, 2021

This is Ronald Reagan's baneful legacy: The appointment of libertarian Anthony Kennedy, his third choice after Bork and Ginsburg

If you could poll the American soldiers who died in World War II whether they died to make men and women free to commit sodomy, you would not like their answer.

But hey, fuck you, and enjoy your long weekend.

Since the mid-1990s, the nation’s top court has gradually expanded protections for gays and lesbians, largely under the leadership of former Justice Anthony Kennedy, who retired in 2018.


 

Tuesday, October 16, 2018

I rather doubt George Scialabba's radicalism has ANY room for the citizens of 30 states who once explicitly and overwhelmingly defined marriage as heterosexual ...

... until a black-robed tribunal of nine decided otherwise.

Anthony Kennedy was the radical, and George Scialabba wouldn't recognize radicalism if it came up and bit him in the ass.

From The New Republic, here:

Scialabba believes that the one saving possibility in this country is rooted in our imperfect and hypocritical adherence to two ideas: that people are radically equal and that, as equals, they have to be the judges of their own interests and the authors of their own laws. All intellectual melodrama about how we are too frail and narrow to draw our own judgments or govern ourselves, Scialabba rightly takes for a combination of juvenile philosophical elitism on the one hand, and, on the other, unselfconscious apologetics for the political and economic orders that have been profitably hollowing out our capacity for self-rule.

Saturday, September 29, 2018

Justice Anthony Kennedy is to blame for much of the polarization now evident everywhere in America


The Kennedy pick was supposed to calm the waters after the storm generated by the Robert Bork and Douglas Ginsburg nominations. ... His subsequent 30 years of judicial decisions literally redefined things as basic as life and marriage. His calamitous three decades on the court will be followed by an endless maze of legal-cultural wars and church-state battles dealing with the disastrous dust-up of what he unleashed. ... Kennedy led the majority with one of the most breathtakingly outrageous statements in the history of jurisprudence: “At the heart of liberty,” averred Kennedy, “is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

In short, Anthony Kennedy spearheaded America's turn into the Libertarian Party in convention, but where no one can agree about anything.





Justice Anthony Kennedy's extreme libertarianism made him the enemy of anything "civic"


Justice Kennedy’s view [is] that each of us must be “left alone” in a radical sense to define all that is important for ourselves. ... The paradigm motivating Justice Kennedy’s jurisprudence is of an individual who must be protected by the courts from all outside pressures. ... For many decades, Justice Kennedy has stood for the proposition that courts should protect individuals from interference from the outside—whether by the government or by the associations (religious or otherwise) they choose to join—in their “mystical” notions of personal identity. The price of this fanciful theory of human liberty and the ability of individuals to define reality for themselves, is the breakdown of social order, the deaths of millions of innocent children, and the further marginalization of God and religion from public life. ... This accidental jurist has caused very real damage to our nation’s institutions and its very soul.

Hey Justice Kennedy: A generation of vipers can't be magically taught to use enlightened civic discourse

Anthony Kennedy, miserable cretin, quoted here:

"Perhaps we didn't do too good a job teaching the importance of preserving democracy by an enlightened civic discourse," he said. "In the first part of this century we're seeing the death and decline of democracy."


O generation of vipers, how can ye, being evil, speak good things? for out of the abundance of the heart the mouth speaketh.

-- Matthew 12:34

Wednesday, June 27, 2018

The lesson about Reagan appointee to high court, Anthony Kennedy, who calls it quits July 31

Never appoint anyone from the Ninth Circuit Court of Schlemiels to anything, especially not to the Supreme Court.

Sunday, February 14, 2016

Timeline of the 7-month Lewis Powell vacancy

Justice Lewis Powell retired June 26, 1987.

President Reagan nominated Robert Bork on July 1, but he was not confirmed by the Senate on October 23.

Douglas Ginsburg was nominated in turn on October 29, but subsequently withdrew.

Anthony Kennedy was nominated on November 30, and confirmed on February 3, 1988, with just under a year left in Reagan's presidency.

Fake conservatives Marco Rubio and Ted Cruz both voted to confirm Sri Srinivasan AFTER he led the charge against DOMA

Freshman Senators Ted Cruz and Marco Rubio both voted to confirm Sri Srinivasan, the most likely successor to Antonin Scalia, to the DC Circuit in May 2013 JUST TWO MONTHS AFTER Srinivasan helped lead the Obama regime's charge against the Defense of Marriage Act in March 2013 (US v Windsor) as Deputy Solicitor General. Cruz and Rubio are both fake conservatives.

From the discussion here:

As deputy solicitor general, Srinivasan led the Obama administration’s case against the Defense of Marriage Act, which resulted in same-sex marriage becoming constitutional throughout the country, as well as cases in favor of affirmative action policies and opposing restrictive voting laws. ... Srikanth “Sri” Srinivasan would not be the first Supreme Court justice to be nominated in an election year. In 1988, the last year of his second term, President Ronald Reagan nominated Anthony Kennedy to the court.

And that didn't work out so well, either, did it: Kennedy led the charge overturning sodomy laws in 2003 and wrote for the majority making same sex marriage legal nationwide under Obama in 2015.

Here's Marco Rubio lying in the South Carolina debate about marriage:

If you elect me president, we are going to re-embrace free enterprise so that everyone can go as far as their talent and their work will take them. We are going to be a country that says that, "life begins at conception and life is worthy of the protection of our laws." We're going to be a country that says. "that marriage is between one man and one woman."

And here's Ted Cruz lying:

And today, we saw just how great the stakes are, two branches of government hang in the balance. Not just the presidency but the Supreme Court. If we get this wrong, if we nominate the wrong candidates, the Second Amendment, life, marriage, religious, liberty - everyone of those hangs in the balance.

Marco Rubio and Ted Cruz both voted to advance our enemy, but claim to be on our side.

They're both fakes whom conservatives shouldn't trust as far as they can be thrown.