Kennedy ain't perfect, but he's my favorite.
This. If it weren't for his Obamacare vote, I might pick Roberts. Scalia would be 3rd.
Roberts' handling of Obamacare was his most distinguished moment so far in my view. He came up with a creative threading of the needle, that I had missed, and which when I read his opinion (the mandate is not a tax for Constitutional power purposes, but is for statutory purposes, because the mandate has the same economic effect as a tax), I said to himself, hey, he's right about the law there!
And he was right to create a precedent that not getting out of bed in the morning, does not constitute an activity in interstate commence, which would have essentially killed off most of what remains of federalism as a Constitutional issue, when it comes to limitations on federal power vis a vis the states.
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