Wrong on All Counts (washingtonpost.com): "Kennedy occupies the seat that 52 Senate Democrats prevented Robert Bork from filling in 1987. That episode accelerated the descent into the scorched-earth partisanship that was raging in the Senate Judiciary Committee at the very moment Tuesday morning that Kennedy was presenting the court majority's policy preference as a constitutional imperative. The committee's Democrats were browbeating another appellate court nominee, foreshadowing another filibuster.
The Democrats' standard complaint is that nominees are out of the jurisprudential 'mainstream.' If Kennedy represents the mainstream, it is time to change the shape of the river. His opinion is an intellectual train wreck, but useful as a timely warning about what happens when judicial offices are filled with injudicious people. "