Yes, and for very similar reasons as Nix. Additionally, I can't say how much I wish Kennedy would retire. How quickly he's gone from "moderate" to "dinosaur."
We're in a transitionary period. Not all that terribly long ago, slavery - slavery - was considered constitutionally acceptable. Beyond unthinkable now. Remember, our abolition came well after western Europe's, particularly England's, and only after a civil war. Point is, society in America really is moving forward at this point in time, at least socially. Five old guys in black robes should never, ever be permitted to hold back that progress.
He was never a moderate, he's a libertarian.