This excerpt from a longer essay encapsulates SCOTUS' Kennedy (among other 'progs'.)
...For the progressive, what matters is the isolated individual and his
will as it pertains to moral matters. In a toxic blend of three
deficient philosophies—Ockham’s nominalism (perpetuated in American
society through its Protestant roots), the social contract theory of the
“Enlightenment,” and the Nietzschean Übermensch whose power
and superiority is his will—the progressive gives us a lone individual
who does not discover but who actually creates and constitutes right and
wrong....
That is, curiously enough, the Statism we see today.
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