28 Pages Posted: 8 Dec 2009 Last revised: 18 Jan 2010
Date Written: December 5, 2009
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.
Keywords: Helen Knowles, Anthony Kennedy, Supreme Court, book review, libertarianism, liberty, libertarian, free speech, racial classifications, privacy, sexual
Suggested Citation: Suggested Citation
Shapiro, Ilya, 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. Available at SSRN: https://ssrn.com/abstract=1519065