From the pattern of his decisions, it’s apparent that Kennedy wishes he could be Scalia, but he doesn’t want to subject himself to the unreasoning virulence of the Left.
Conservative U.S. Supreme Court justices on Tuesday expressed skepticism about reviving a lawsuit filed by the family of a Mexican teenager against a U.S. Border Patrol agent who fatally shot the 15-year-old from across the border in Texas in 2010.
Among the concerns raised by justices was whether non-U.S. citizens injured by drone attacks overseas that are directed from the United States could file similar claims if the lawsuit was allowed to move forward.
In a closely watched case that could affect U.S. immigration actions under President Donald Trump’s administration, the court’s liberal justices expressed sympathy toward allowing the case to move forward, indicating the justices could be headed toward a 4-4 split. Such a ruling would leave in place a lower court’s decision to throw out the civil rights claims against the agent, Jesus Mesa, filed by the family of Sergio Hernandez.
Justice Anthony Kennedy, a conservative who sometimes sides with the liberal justices in close cases and whose vote could be pivotal in this one, voiced doubt about the family’s arguments during the court’s hour-long argument.