It makes sense. The Masterpiece Cakes decision was a telling sign. Nobody on the Court wanted to tweak Justice Kennedy on his way out the door. So they punted on Masterpiece Cakes. The Court’s holding was narrow, limited and returned the case to the lower Court and to the state basically saying “You should be nicer to bakers with convictions.”
This of course is uncharacteristic of the Kennedy Court. No, Justice Kennedy is not the Chief Justice. He just wrote more, defined more, and usurped more power than any Justice or Chief Justice on the Court. It was the Kennedy doctrine that has decided all cases on marriage, sexuality, gender and family in 2003, 2013 and 2015 and 2018. It was Kennedy who orchestrated a way to find same-sex unions in the US Constitution and to call them marriage. It was the Kennedy doctrine that overturned every state law, state constitutional amendment and a federal law defining marriage passed overwhelmingly by Congress and signed by Bill Clinton. Justice Kennedy had help to be sure, but it was Kennedy’s wholly invented doctrine of personhood as defined by sexual practice and preference that changed everything.
And now he is gone. If the person replacing Kennedy actually believes the words of the Declaration of Independence and the Constitution then there is a possibility that we may see a change in the Court. Now the focus turns to the White House and who will be the nominee.
While everyone is focused today on the unhinged violence of the Progressive Left, the real Civil War has been going on since 1973. It has been a coup in plain sight. A takeover of the US Government by the dictates of the US Supreme Court. We discuss this in great detail in this week’s edition of The Public Square. You can listen online or on your phone app or on over 200 stations starting this Friday afternoon. Just visit us at thepublicsquare.com to join in the conversation.