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Justice Kennedy casts decisive vote

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    • By Tom Ramstack

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    The Washington Times

    Friday, June 27, 2008

    One of Justice Kennedy’s most controversial contributions is his tendency to quote European law in arriving at his court decisions. For example, in Lawrence v. Texas, Justice Kennedy wrote the 6-3 majority opinion that said consensual gay sodomy could not be criminalized, in part citing a 1981 European Court of Human Rights decision that he said was “authoritative in all countries that are members of the Council of Europe.”

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