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Gah! Ann, you subbed for Glenn too long! This is an Instapundit-type post, all link and no blogger opinion. Where's the Ann Althouse opinion/blogginess?(OTOH at least we're getting good photos from your trip, and not some extended commentary on rebreathers.)
I don't think Kennedy's critics think he thinks too much. I think they think he thinks too highly of his thinking.
I think Justice Kennedy gets a bum rap. Since he just decides cases based on whatever he's unremittingly, agonizingly thinking about at any particular time, including Zimbabwean District Court cases, my advice to clients is simply that they have to "define the mysteries of life" for themselves. Yeah, sure, you can gripe that this is crummy advice with zero predictive value, but on the other side of the coin, if one of my clients winds up before the Court and Justice Kennedy gets assigned the writing duties, it's a fair approximation of the method he'll apply to decide the case. Yep, we don't hate him 'cuz he's beautiful, we hate him because he's so thinky thinky think think thinking about everything(k).
Here's an example of his "thinking-ness": "At the heart of liberty is the right to define one's own concept of existence."Does anybody have any notion of what this might mean?
Icepick: Look closely. There's opinion.
Oh, Al, how could you possibly be so misinformed. Justice Kennedy cites Cameroonian district court cases as authority, not Zimbabwean ones. Zimbabwe may even have remnants of English common law from its prior days as Rhodesia, which is just unacceptable to the good Justice K.I wonder if Dahlia got any grade above a B- in law school classes on income tax or secured transactions.
You see, Fagin? There's my point. Cameroonian precedent is so far superior to Zimbabwean precedent. I'm sorry, on further review it was Justice Breyer who relies on Zimbabwean precedent, not Justice Kennnedy. See Knight v. Florida, 528 U.S. 990 (1999). Gosh, my mistake. I suppose Justice [Special] K outwitted me there.
"Our best security, our only security, is in the world of ideas..."Tell that to all the Israeli citizens that Hezbollah is targetting. I'm sure they'll be comforted.Also: Is Lithwick always this much of an idiot, or have the warm beaches of Hawaii fried her mind?
"Make no mistake," he warns, "there's a jury that's out. In half the world, the verdict is not yet in. The commitment to accept the Western idea of democracy has not yet been made, and they are waiting for you to make the case." Referring to terrorism and violence and totalitarianism, he says, "The tide has gone out, and we are on the beach."A feast for connoisseurs of inept metaphor!* Is there a legal system anyplace (Zimbabwe?) where it's possible to make a case to a jury that's out?* I assume that we are stranded sea creatures. But are terrorism and violence and totalitarianism the tide (if so, what's the beach?)-- or the beach (if so, what's the tide?) The murkiness of this one, I'll admit, could be Lithwick's fault and not Kennedy's.
I doubt I'd be captivatatuded by Dabbling Dipstick's takeatude and writatation on Tony Kennedy's thinkingness. I guess that proves I'm just no deep thinkerater like her and Tony --my shameful lack of grok betrays my inthinkerator clog.
Thinkingness is to thinking what truthiness is to truth.
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