A Faint-Hearted Libertarian at Best: The Sweet Mystery of Justice Anthony Kennedy
December 5, 2009
Harvard Journal of Law and Public Policy, Vol. 33, No. 1
This is a review of Helen J. Knowles's book, 'The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty" (Rowman & Littlefield 2009). Knowles argues that Kennedy's jurisprudence is 'modestly libertarian.' I conclude that this argument, in the limited ways Knowles makes it - with respect to free speech, equal protection, and individual dignity - is probably sound. Still, this is a small discovery considering the broad swath of Supreme Court jurisprudence. Moreover, it says little about whether Justice Kennedy is faithful to the Constitution, which is a stronger measure of libertarianism.
Number of Pages in PDF File: 28
Keywords: Helen Knowles, Anthony Kennedy, Supreme Court, book review, libertarianism, liberty, libertarian, free speech, racial classifications, privacy, sexualAccepted Paper Series
Date posted: December 8, 2009 ; Last revised: January 18, 2010
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