Activist Judges, Activist Legislatures

Today's Legal Times reports that decisions like Lawrence and last week's Roper (abolishing the juvenile death penalty in America) have pretty much scotched Anthony Kennedy's once promising chances at becoming the next Chief Justice of SCOTUS. Among other things, Kennedy's recent opinions have shown a willingness to cite developments in foreign law -- for example, to support gay rights or undermine capital punishment. Conservatives are not amused.

Meanwhile, the NYTimes editorializes today in favor of Connecticut's march towards legislatively enacted civil unions -- you know, the ones that a local gay group actually opposed because it wasn't going to be called "marriage." For the same reason, the Times' endorsement is lukewarm.