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Grading Justice Kennedy: A Reply to Professor Carpenter

By Randy E. Barnett


I want to thank the editors of the Minnesota Law Review for soliciting this Reply to Professor Dale Carpenter\u27s provocative analysis of my assessment of Justice Kennedy\u27s opinion in Lawrence v. Texas. As it turns out, though we do disagree about Lawrence, Professor Carpenter and I have fewer disagreements than he thinks. To begin to see why, let us imagine that, like many other professors, he had used the facts and lower opinion in Lawrence as the basis for his final examination in his course on Constitutional Law. On the exam, he asked his students to write an opinion for the Court. Now imagine that one of his students submitted the words of Justice Kennedy\u27s opinion in Lawrence as her answer. Would Professor Carpenter have given it an A

Topics: judicial review; due process of law; privacy, right of; Kennedy, Anthony M., 1936-, Civil Rights and Discrimination, Constitutional Law
Publisher: Scholarship @ GEORGETOWN LAW
Year: 2005
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