Anthony Kennedy retires

My new opinion piece for the New York Post: “Even after a king we regard as benign steps down, we might want to reflect whether kingship is a good thing….Both Kennedy and O’Connor were famously reluctant to lay down clear rules for future cases, preferring to leave options open for the exercise of their sense of fairness.

“Yet a sense of fairness provides no steady and stable basis for future cases. In the old courts of equity run by England’s Lord Chancellor, it came to be said that ‘Equity is as long as the Chancellor’s foot.’ As John Selden explained in the 17th century: ‘One Chancellor has a long foot, another a short foot, a third an indifferent foot: ’tis the same thing in a Chancellor’s conscience.'”

Anthony Kennedy retires is a post from Overlawyered - Chronicling the high cost of our legal system


Anthony Kennedy retires curated from Overlawyered

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