Dear Editor:
A few days ago I was listening to Mark Styn, who was the guest host of the Rush Limbaugh show. Mark stated that Limbaugh had been consistently conservative over the years, but he thought that Anthony Kennedy had not been while on the Supreme Court.
I remember becoming familiar with both of these individuals in the fall in fall of 1985 while in law school in Sacramento, California. Rush had an Op. Ed. piece in the Sacramento Union Newspaper. The piece mentioned that he had a talk show on the KFBK radio station. I remember that I finally found out how to pronounce his last name when I did listen to the show.
In the school year 1985 to 1986, Kennedy was my constitutional law professor in law school. It was apparent at that time to us who were familiar with the founders that Kennedy could not be considered an originalist as far as the Constitution is concerned. This was very obvious when he really did not want to discuss the numerous criticisms Thomas Jefferson had about how the Marbury vs. Madison case was decided. I believe even then that Kennedy felt that the Constitution was a living and breathing document, just as present day progressives do.
Yes, I agree with Mark. Kennedy was appointed to the Ninth Circuit Court of Appeals by President Ford on the recommendation of Ronald Reagan, who had known Kennedy and his father, who had been a big shot politician for years in Sacramento. I do not know if Reagan even had any idea of how Kennedy would change on the Supreme Court. Rush has always been consistent with his political beliefs.
Dr. W. David Herbert ESQ
Billings
