In a 2005 interview, Kennedy said of the court, “You know, in any given year, we may make more important decisions than the legislative branch does — precluding foreign affairs, perhaps.” (He was wise to include the “perhaps,” in light of the recent Guantanamo Bay decision.) He went on to note how judges need “an understanding that you have an opportunity to shape the destiny of the country.”
So much for the country’s destiny being shaped by a free people acting through their representative institutions, within certain constraints it enshrines in the Constitution.
Filed under: U.S. Supreme Court , Justice Anthony Kennedy, U.S. Supreme Court