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Proves the Rule

By "Milbarge" and "Fitz-Hume"

I was amused by Matthew Franck's iteration of "the Kennedy rule," which he defines thusly: "If the Court has declared anything unconstitutional, and the vote was 5-4, and the fifth vote was provided by [Kennedy], the case was wrongly decided."

Franck has updated the rule from its original namesake, Justice O'Connor. His new corollary, issued after Justice Kennedy's Boumediene opinion: "If the opinion of the Court in such a case was written by Justice Kennedy, it was incoherently reasoned."

This is how I've always felt about Alden v. Maine, so I'm sure the conservatives will remember to add it to the list of awful Kennedy decisions.

Full post as published by Begging the Question on June 18, 2008 (boomark / email).