Justice Anthony M. Kennedy wrote the majority opinion in the 5 to 4 decision. He was joined by the court’s four more liberal justices.
As Eddie Tabash likes to say, it’s Justice Kennedy’s world and we all live in it. This time it worked out.
Scalia of course had to poop on the party.
In a second dissent, Justice Scalia mocked Justice Kennedy’s soaring language.
“The opinion is couched in a style that is as pretentious as its content is egotistic,” Justice Scalia wrote of his colleague’s work. “Of course the opinion’s showy profundities are often profoundly incoherent.”
He’s just jealous.