Conservatives See a Lesson for the Left in Kennedy - Page 2

'Those who live by the courts die by the courts,' writes the Weekly Standard
By John Johnson,  Newser Staff
Posted Jun 28, 2018 10:05 AM CDT

  • Five issues: Much of the focus is on the fate of legal abortion, but Politico runs down four other key issues the new justice could help shape: affirmative action, voting rights, gay rights, and the death penalty, particularly in its application to minors and the intellectually disabled.
  • Not so centrist? Dahlia Lithwick at Slate suggests Kennedy's image as a "moderate centrist" was overblown, as evidenced in his joining so many big 5-4 decisions this session. "We will debate in the coming months whether Kennedy tacked back to the right this year or if he was never anything but a staunch conservative who enjoyed occasional casual day trips to the left side of the bench," writes Lithwick. "But one thing is beyond doubt: If there was anything like a 'moderate center' inside the only branch of government not broken by polarization, it's gone."
  • From the right: The Weekly Standard takes notes of the liberal anguish and isn't too sympathetic. "This is the world the American left has created with its judicial activism—a world in which many of their most lasting achievements were brought about not by congressional votes but by court decisions." This works only if you win elections, and Democrats are struggling to do that as they shift ever left, write the editors. "Those who live by the courts die by the courts."

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