The Kennedy Court Reigns In the King (July 3, 2006)
A few days before the celebration of our independence from King George III, some of the Justices who appointed King George II reigned in the Emperor. In Hamdan v. Rumsfeld, the Supreme Court ruled that some of the military commissions created by Bush had been improperly constituted.
The health of the Constitution now turns substantially on the health of a Justice who is turning four score and seven years young next April. Justice Stevens grew or emerged on the job. Justice Kennedy is the lynch pin on the Court. He is the real Decider who has grown and emerged on the job. Chief Justice Roberts and Justice Alito are showing fealty to the one who appointed them. The Four Justices of the Apocalypse–Roberts, Scalia, Thomas and Alito–would be satisfied to recess the Court for good and let all three branches of government receive mail at and take direction from 1600 Pennsylvania Avenue
Happy birthday to this very good Republic.