The Right Coast

April 13, 2005
No kidding
By Tom Smith

These guys are too nice to cast aspersions, but I alas am not. It is my distinct impression that Justice Kennedy, in spite of no doubt many virtues, is too much of a dunderhead to be an ideal Supreme Court justice. On the other hand, Hon. Douglas Ginsburg would probably have been one of the smartest Justices in the last few decades, and a libertarian besides. That was one bad bone.

Personally, I would support some of our Justices smoking or otherwise indulging in that evil weed before rendering decisions, in the interests of psychotherapy. Who knows. Maybe they would make more sense that way. "I mean, I see it now! The constitution has, like, words! And they, like, mean what they say! It's so, so deep!" It's worth a try.

I was a law professor at UC Davis when Kennedy was nominated. My liberal colleagues were just thrilled to pieces with the nomination. That was my first clue something was terribly, horribly wrong . . .