Rumors are circulating widely in Washington, D.C. that Justice Anthony Kennedy may step down from the Supreme Court this summer, possibly even as early as this week. He's 81 and has been on the bench for 30 years.
While those on the left consider him a conservative, he has been an absolute disaster on issues constitutional conservatives care about. For instance, he has been on the wrong side of every single court case that deals with sexual abnormality, beginning with the Romer v. Evans case in 1996, in which Kennedy wrote the opinion that overturned an amendment to the Colorado state constitution that prevented pro-homosexual brainwashing in government-run schools.
That disastrous ruling made every constitutional conservative the functional equivalent of Bull Connor by declaring that opposition to the rabid homosexual agenda was as pernicious as racism. Kennedy's ruling empowered the most radical elements of the homosexual lobby, and it was only a matter of time until the court ruled in 2015 that same -ex marriages must be considered the moral equivalent of natural marriages that follow God's design.
Kennedy was on the wrong side of the Lawrence v. Texas decision of 2003, which demonized any law which makes sodomy contrary to public policy, thus plunging America into the moral abyss of anything-goes sexuality.
And he was on the wrong side of the Obergefell decision of 2015, which set aside 6000 years of civilization, the word of God, common sense, reason and the Constitution itself by legitimizing same-sex marriage. Such "marriages" are based on an act which Scripture calls an "abomination" (Lev. 18:22) in the eyes of God and something that is "contrary to nature" (Rom. 1:26).
In 1992's Planned Parenthood v. Casey, he voted to protect the butchering of babies by upholding Roe v. Wade. In the process, he uttered these immortally infamous words: "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." From a legal and constitutional standpoint, these words are mumbo-jumbo gibberish.
On Friday, in the very latest Supreme Court ruling, Murr v. Wisconsin, Kenney joined the majority to completely eviscerate the 5th Amendment, which was written to protect private property from being seized by the government. In the Murr ruling, he eagerly defended bureaucrats who caused the value of a plot of land to plunge from $400,000 to $40,000, with absolutely no compensation from the government who robbed these helpless folks of a third of a million dollars.
In my view, Anthony Kennedy cannot leave the bench soon enough. We only have Kennedy on the bench because the left torpedoed Robert Bork's nomination to the Court by maliciously defaming and demeaning him. This led President Reagan to meekly replace Bork with Kennedy, who was so squishy that even Democrats weren't afraid to confirm him. And we have paid a catastrophic price as a culture ever since.
But if Kennedy departs, there is simply no reason for President Trump not to nominate a Scalia-type justice to take his place. With the filibuster gone, the Republican-led Senate can add to the bench any judge it wants. There is no reason not to confirm a judge who reveres the Constitution as written and does not treat it as a living, mutating thing that can morph into anything the fevered imagination of the left wants it to be.
Supreme Court jurisprudence took a disastrous left turn back in 1947 with the Everson ruling, which conjured up the previously undetected Incorporation Doctrine out of the judicial ether. After Everson, the Court began using the First Amendment for the first time in our history as a bludgeon to suppress religious liberty rather than protect it at every level in every state in the Union.
Seventy years of this type of misbegotten and skewed jurisprudence is 70 years too many. If Justice Kennedy retires, President Trump will have the opportunity to deliver us from the Babylonian Captivity of the Court and get us back to celebrating rather than trashing the God-given rights our government has a sacred duty to protect. May Justice Kennedy enjoy a long and peaceful retirement, and may it begin immediately if not sooner.
Bryan Fischer is host of the two-hour weekday "Focal Point" program on American Family Radio.
This article was originally published at AFA.net. Used with permission.
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