Wednesday's order from Justice Kennedy suggests that, whatever the Court intended to accomplish when they denied review in several marriage equality cases on Monday, they are not yet ready to get out of the way completely and allow equality to flourish in all fifty states.
If we are going to insist on electing judges, do we want them to spend their time discussing issues with voters -- or, for that matter, do we want them doing their actual job of deciding cases -- or would we prefer that they spend their time asking for campaign contributions?
Carvin's prediction that GOP justices can be trusted to advance GOP policies even in a case such as this one, where the arguments for doing so are weak, may in fact prove correct. Should Carvin be vindicated, however, the justices will deal a grievous self-inflicted wound to their own institution.
"Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see in the court."