Justice Anthony Kennedy is one of only two justices not from the east coast. Born and raised in California, Kennedy has a streak of western libertarianism, of the sort that Barry Goldwater personified.
That’s why Kennedy is thought of as a “swing” justice, who doesn’t align neatly into one of the east-coast camps.
He voted to uphold Roe v. Wade, but still voted to uphold the ban on partial-birth abortions. He voted for sexual freedom in Lawrence v. Texas, and voted for freedom of speech in Citizens United.
And he’ll vote for individual liberty by striking down Obamacare.
True? False? Click Replies and discuss.
UPDATE: Reader “anonymous un-RINO” disagrees:
No, Kennedy is not libertarian, and is nothing like Goldwater. He went against the legalization of marijuana in Raich, thus upholding the wasteful and long ago lost “war on drugs”. In Kelo, he let the government steal that woman’s house and property and give it over to one of their private developer buddies. He voted to strike down state legislation on Congressional term limits, even though the Constitution is silent on the matter. He allowed government to seize huge amounts of money from people, in violation of the Constitution’s excessive fines clause, simply because they didn’t declare it at the border. He’s a “law and order” guy, and nearly always sides with the state and against individual liberty in these cases. And he loves international law, and prefers it over the Constitution.