I think a good argument can be made that Anthony Kennedy has “evolved” into the most activist of the justices. Here are some of his pearls of wisdom, demonstrating his complete contempt for the Constitution and his role as a justice:

Lawrence v. Texas (homosexual sodomy): “Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensinos. “The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government … The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.”

Planned Parenthood v. Casey (abortion) (attributed to Kennedy): “These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteeth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.”

Roper v. Simmons (juvenile death penalty): “When a juvenile offender commits a heinous crime, the state can exact forfeiture of some of the most basic liberties, but the state cannot extinguish his life and his potential to attain a mature understanding of his own humanity.”

This kind of argumentation is standard fare on the Oprah Winfrey Show, but not from a Supreme Court justice who cares about faithfully executing his constitutional role.