Bemoaning our democracy’s impertinent resistance to judicial ukase, Kennedy & Co. proclaimed in *Casey*’s opening line that “Liberty finds no refuge in a jurisprudence of doubt.” And who could possibly doubt the justices’ “jurisprudence”? An account of “liberty” sprung not from legal precedent but from a metaphorical “heart” bursting with “the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”
We’d been warned that the “Constitution” is “living” and “organic,” but who knew it was hallucinogenic? If the Supremes were the Beatles, I’d be urging that we play Kennedy’s opinions backwards.
Andrew C. McCarthy