Published in The Washington Blade
In the last two cases, which were 5-4 decisions, Kennedy was the deciding vote striking down the anti-gay Defense of Marriage Act and the state bans on same-sex marriage.
But the Reagan-appointed justice has also invoked the ire of progressives for other decisions.
Kennedy joined with the majority to uphold President Trump’s travel ban on Muslim countries; allowed Hobby Lobby to deny for its employees insurance policies covering birth control; and in Janus v. AFSCME overturned precedent that allowed public sector unions to charge fees to non-members.
Nan Aron, president of Alliance for Justice, hinted other justices may be a more appropriate model for Supreme Court picks as opposed to Kennedy.
“There is a critical need to reassert balance on the court by appointing justices who can replace the lost voices of Thurgood Marshall and William Brennanl,” Aron said. “Both understood that the role of the court is to provide redress for all Americans, not just the wealthy and powerful.”