Justice Kennedy's Date With "Dignity"?:
Political science professor Helen Knowles, the author of The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty has posted Justice Kennedy's Date With "Dignity"? (Part I: Race and Human Dignity), the first of a two-part series of blog posts on the Rowman & Littlefield blog about Justice Kennedy and pending Supreme Court cases. Here is how it starts:
Watchers of the work of the U.S. Supreme Court eagerly anticipate June, when that institution frequently announces several blockbuster outcomes in the cases that remain to be decided. As the Court brings its term to a close at the end of that month, anticipation mounts as commentators speculate about possible votes and the likely identity of the justices who will pen opinions (for the majority, and separately in concurrences and dissents). June 2009 promises to be no different.

It is perilous to try and predict the direction of the twists and turns that justice will take at the Court during what remains of this year of its work. To be sure, we know that the Term's end will bring the retirement of Justice Souter, and the inevitable feeding frenzy that will accompany the confirmation hearings of his nominated successor, Judge Sotomayor. Before that happens, however, several major cases remain to be decided. While the results will not be known until the justices choose to make them public, there is one thing about which most commentators agree, regardless of ideology. Articles in the both the New York Times and the Wall Street Journal reach the same conclusion: In Ricci v. DeStefano and Northwest Austin Municipal Utility District No. 1 v. Holder, the man at the jurisprudential center of the Court will be the deciding vote; the key to these cases will be Justice Anthony M. Kennedy. What commentators ignore, however, is what might actually be the key to these cases as Justice Kennedy sees them. That key is the concept of "dignity." During his two decades on the Court, this concept has been just as significant to Kennedy's jurisprudence as has been the "man in the middle" role he has played on a bench frequently split between four more conservative and four more moderate men and women.

In this, the first of two blog entries, I look at the potential "dignity" reading that a Kennedy-authored opinion might give to the issues involved in Ricci v. DeStefano (a case which has taken on added significance since President Obama's nomination of Judge Sotomayor -- who was part of the lower appeals court panel of judges whose decision was appealed to the Supreme Court (her participation in the case is discussed over at Scotusblog)). Next time, I will offer a similar discussion of Northwest Austin Municipal Utility District No. 1 v. Holder.