Jeffrey Rosen thinks so. In a review of a new biography of Warren in today’s Washington Post, Rosen notes that Warren’s “emotionalism sometimes made his jurisprudence seem unprincipled.” (I had no idea Rosen had such a gift for understatement.) But like Jim Newton, the author of the biography, Rosen has mostly praise for Warren. Disagreeing with Newton’s lament that we have no modern Warren among us, though, Rosen writes: “In fact, Warren may indeed have a modern heir: the centrist activist Anthony M. Kennedy, who played at Warren’s feet as a child and shares his fellow Californian’s faith in the ability of enlightened judges to run the country by short-circuiting messy political debates.”
Mind you, this is meant as praise.