Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—October 3

Supreme Court Justice Anthony Kennedy (Joshua Roberts/Reuters)

2013“Any society that relies on nine unelected judges to resolve the most serious issues of the day is not a functioning democracy.”

A sound observation, to be sure. But 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 on the “most serious issues of the day.”

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