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Bench Memos

NRO’s home for judicial news and analysis.

The 2013 Award for Un-Self-Aware Obtuseness Goes to …



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“Any society that relies on nine unelected judges to resolve the most serious issues of the day is not a functioning democracy.”

That strikes me as a sound general statement. What’s remarkable is that the person uttering it is Justice Anthony Kennedy, who throughout his tenure on the Supreme Court has done as much as any justice to intrude willy-nilly on the democratic processes.



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