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Happy Birthday, Justice Kennedy!

Anthony Kennedy Justice Anthony M Kennedy Above the Law blog.jpgSome helpful tipsters reminded us: today is the birthday of [swing] Justice Anthony M. Kennedy. Happy Birthday, Justice Kennedy!

We asked one reader, aspiring lawyer Andrew Cohen,* for thoughts on writing up a short post. His response:

"You don't. You write a ridiculously long post that both praises and denigrates him, pretending to come out clearly one way or another, but writing so murkily that no one can tell how you actually feel."

And let's throw in some flowery rhetoric, too. Considering that it's AMK's birthday, a shout-out to the "mystery of life" would be quite apropos.

Update: Thanks for the reminder. Birthday wishes also go out to Justice Kennedy's most famous former clerk: Judge Alex Kozinski!

Justice Kennedy Turns 71 [How Appealing]

* We include Mr. Cohen's name with his permission (and wish him good luck on the bar exam tomorrow). But our default rule at ATL is anonymity for all correspondents.

Comments
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Posted by Bill Frist | Permalink Monday, July 23, 2007 4:06 PM

FRIST!!!

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Posted by CD | Permalink Monday, July 23, 2007 4:14 PM

Cravath raises . . . in London.

http://www.thelawyer.com/cgi-bin/item.cgi?id=127470&d=pndpr&h=pnhpr&f=pnfpr

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Posted by guest | Permalink Monday, July 23, 2007 4:19 PM

At 71, he's going to be with us for at least another 10 years...

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Posted by Tom Delay | Permalink Monday, July 23, 2007 4:20 PM

Kennedy might actually read this post, did you know he does his own research on the internet?

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Posted by anon | Permalink Monday, July 23, 2007 4:21 PM

"You write a ridiculously long post that both praises and denigrates him, pretending to come out clearly one way or another, but writing so murkily that no one can tell how you actually feel."

Isn't that more accurately said of Justice O'Connor?

I feel like once Justice Kennedy makes up his mind (which takes him forever), then he goes whole hog. But SOC, she splits the baby even in her own opinion.

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Posted by Fact Check | Permalink Monday, July 23, 2007 4:27 PM

The "sweet mystery of life" quip is actually from Scalia's pen (no surprise) criticizing O'Connor's prose in Casey (if I'm not mistaken).

So, AK47 had nothing to do with that particular "flourish."

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Posted by guest | Permalink Monday, July 23, 2007 4:28 PM

The "mystery of life" passage: perhaps the greatest insult to human reason in Supreme Court jurisprudence.

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Posted by guest | Permalink Monday, July 23, 2007 4:34 PM

FactCheck,

The mystery of life passage is:

"At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."

Kennedy joined in this quote in Planned Parenthood v. Casey, and then requoted it in Lawrence. Kennedy has everything to do with the "mystery of life" passage.

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Posted by guest | Permalink Monday, July 23, 2007 4:47 PM

Vick case assigned to Judge Hudson:

http://sports.espn.go.com/nfl/news/story=2946261&lpos=spotlight&lid=tab4pos1

The judge presiding over the Vick case is U.S. District Court Judge Henry Hudson, a former prosecutor who was appointed to the federal bench by President George W. Bush in 2002.

"I love the trials before Judge Hudson, but I hate the sentences," observed one experienced and highly regarded Richmond defense lawyer. "He will let you try your case, he will give you every chance to offer a defense, but if you're convicted, you will be facing serious problems at sentencing."

The lawyer, who requested anonymity because of a possible involvement in Vick's defense, explained that Hudson takes a unique approach to the guidelines that are a part of sentencing decisions in federal courts throughout the U.S.

"Most judges start at the minimum and move up or down in small increments. Judge Hudson starts at the midpoint of the guidelines spectrum and moves toward the maximum. The result can be surprisingly harsh."

The charges against Vick provide for a maximum jail sentence of six years and up to $350,000 in fines.

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Posted by Ultimate Answer to the Mystery of Life | Permalink Monday, July 23, 2007 4:51 PM

42!

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Posted by Anonimo | Permalink Monday, July 23, 2007 5:04 PM

"At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."

Mejor dicho:

"El corazon de la libertad es el derecho de definir el concepto propio de la existencia, de significado, del universo, y del misterio de la vida humana."

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Posted by guest | Permalink Monday, July 23, 2007 5:08 PM

Little billy's Spanish tutor is really paying off.

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Posted by Anonimo | Permalink Monday, July 23, 2007 5:09 PM

4:21-no estoy de acuerdo contigo. Un buen ejemplo es Lawrence v. Texas. Que paso alli? Despues de leerlo, uno no sabe si existe un derecho fundamental o no? Deja todo oscurisimo y dificil de entender. El conflicto dentro de un juez no debe de manifestarse en su palabra escrita--eso es la gran falta del Senor Justicia Kennedy.

Pero, de todos modos, feliz cumpleanos!

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Posted by Anonimo | Permalink Monday, July 23, 2007 5:15 PM

5:08: Si te refieres a mi, no tengo ningun "spanish tutor." Yo soy hispanohablante. Es una de mis metas a ensanchar el uso del idioma espanol para que un dia logre de ser el idioma nacional de los estados unidos. Por eso, empiezo con blogs y despues con el Acta de Congreso!

Gracias por tu comentario, de todos modos.

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Posted by Bones | Permalink Monday, July 23, 2007 5:15 PM

Jim,

The universal translator seems to be malfunctioning

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Posted by Anonimo | Permalink Monday, July 23, 2007 5:16 PM

Explicate, Bones, por favor.

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Posted by guest | Permalink Monday, July 23, 2007 5:19 PM

It is also Judge Kozinski's and Monica Lewinski's birthdays today. At least according to wikipedia...

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Posted by bones | Permalink Monday, July 23, 2007 5:22 PM

it's broken, not working properly, possible COA for implied warranty of merchantability, damaged, just don't work no more

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Posted by guest | Permalink Monday, July 23, 2007 5:26 PM

I think he is posting in spanish on purpose (I say "he" because it says "anonimo" not "anonima"). I don't mind it, actually, it helps me practice!!

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Posted by Bones | Permalink Monday, July 23, 2007 5:32 PM

i kind of figured, which is why i went with a star trek analogy and not the poetic request to explicate

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Posted by guest | Permalink Monday, July 23, 2007 5:35 PM

"It is also Judge Kozinski's and Monica Lewinski's birthdays today.

Celebrate by getting a BJ while playig XBox!!!!

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Posted by guest | Permalink Monday, July 23, 2007 5:41 PM

Or in jive:

At da damn heart uh liberty be de right t'define one's own concept uh existence, uh meanin', uh de universe, and uh de mah'stery uh human life. What it is, Mama!

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Posted by Bones | Permalink Monday, July 23, 2007 5:43 PM

Keep talking, it look like it's almost fixed.

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Posted by Fed Soc | Permalink Monday, July 23, 2007 8:01 PM

The "mystery of human life" quote really qualifies as crazy. It means nothing, comes out of thin air, and can be cited to elevate virtually any conduct that liberals like to the level of a Constitutional right.

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Posted by guest | Permalink Monday, July 23, 2007 9:01 PM

portuguese p3wns spanish

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Posted by guest | Permalink Monday, July 23, 2007 9:28 PM

9:01:

All I have to say about that is HA HA HA HA HA HA HA!!!! Oh, and Portuguese sounds like a retarded person speaking Spanish.

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Posted by guest | Permalink Tuesday, July 24, 2007 10:23 AM

You agonize for pages and pages about whether to wish him a Happy Birthday.

On the one hand, this country and others have a long and venerable tradition of wishing people well on the anniversary of their birth. It's generally a good tradition, and even when you don't like the person you wish well, a bit of clear sky in a storm of acrimony is an excellent thing.

On the other hand, we should never forget that slavish adherence to tradition has caused a lot of pain and suffering in the world. Tradition has served as a justification for keeping women, minorities and poor people down and prevented them from attaining equal access to the benefits of our democratic society. Moreover, in determining whether to wish Justice Kennedy a Happy Birthday, we must be ever cognizant of the fact that he is swayed by the petty compliments and insults of elites like a reed in the breeze. Birthday wishes might be taken too far and construed as forgiveness for a rotten jurisprudence of emotion and obfuscation that has come from his chambers of late.

While these are weighty concerns pushing in opposite directions, it is a calendar we are expounding, and we must not shirk our duty to render a decision, even though it is not always an easy one to discharge.

I would therefore wish him a Happy Birthday, but on the narrowest of grounds, and without prejudice to my right to refuse to do so in the future.

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