Justice Kennedy and the Progressive Creed

Justice Anthony Kennedy, who I often disagree with, nevertheless wrote some of the most amazing words I’ve ever heard from the Supreme Court. In the opinion of Lawrence v. Texas, when a sodomy ban was struck down, Kennedy wrote that those crafters of the constitution “knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”

There’s something very wise about that quote. “They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” Can I just harp on that for a moment? The times can blind us to certain truths. Laws once thought to be good we now realize are oppressive. That’s the spirit of progress. The progressive sees injustice written into law and tries to strike down that oppression.

Considering the last part, well, it’s very relevant to every progressive issue ever. “As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”

That’s fucking beautiful. Isn’t that pretty much the progressive creed? Strange that we would get that from Justice Kennedy.

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