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Paul: ronald reagan appointee justice anthony kennedy was at the center of many court s biggest decisions over the last 3 decades casting the key vote in landmark cases involving abortion, affirmative action, gay rights and guns and campaign finance. editor-in-chief of the cato and i spoke with him about the kennedy legacy. welcome. let s talk about justice kennedy and legacy, you wrote this week while you end up agreeing where justice came out on a lot of cases, you disagree with the way he got there, explain that. part of the rule of law isn t just getting the right results but the reasoning matter, that s why the supreme court explained itself, so people can follow how the law develops, what it means, what the constitution means and justice kennedy didn t follow kind of conventional juris ....
Kind of conventional juris methods, the purpose of given law or anything in particular, people tried to evaluate, i certainly did how he got to the answer in a lot of different areas of law but often there was simple inscrewedability or the idea that civilized society doesn t pass laws that harm people, for example, rather than importing national right theory of the law or involving constitutionalism. i agree with him a lot. probably the most libertarian justice, that s allow bar, a bit of a black box as well. paul: i agree with you on the racial juris prudence, he didn t give clear guidance even though he was swing vote on university racial preferences but on the ....