So there’s the fascist faction, the communist faction, and Anthony Kennedy. Kennedy is overall a libertarian-leaning moderate. He agrees with the liberals on certain gay rights, and with the conservatives on the right of the Boy Scouts to exclude gays. He agrees with the left of habeas corpus and with the right on the Second Amendment.
On the other hand, Kennedy is terrible on the drug war, the 4th amendment rules on searches and seizures, and the federal government’s authority to override local marijuana law. But he’s the best we can do, folks. Carlin might be right about the public.
When the liberal justices retire, let’s hope there’s not a Republican president to put another Roberts or Alito on the bench*. It is a delicate balance now, with Kennedy holding the sway between the fascists and commies. Too many commies or too many fascists, and there goes the formula. Of course, when Kennedy retires, we can expect to see the whole delicate balance screwed regardless.
* One hope: The Democrats will fillibuster a fascist Republican appointment, and the Republicans will fillibuster anyone who will overturn Heller. Gridlock under Reagan got us Kennedy. Let’s hope for more judges who are only totalitarian on relatively minor issues like privacy, prohibition, and the right of dying people to use medicine.
