Without going into Justice Kennedy’s fundamental rights analysis, how would you explain, in a few sentences, how he justified going against stare decisis in Lawrence v. Texas

Without going into Justice Kennedy’s fundamental rights analysis, how would you explain, in a few sentences, how he justified going against stare decisis in Lawrence v. Texas? In other words, what are the reasons he gave for overturning Bowers v. Hardwick? What does Kennedy mean by Reliance?

2. Without going into Justice Scalia’s arguments against broad fundamental rights, how would you explain, in a few sentences, why he argued that Bowers v. Hardwick should not be overturned? What does Scalia mean by Reliance?

3.  How would you explain, in a few sentences, Justice Kennedy’s approach to determining if there is a fundamental right as exemplified in Lawrence v. Texas and Obergefell v. Hodges? Include the part(s) of the Constitution that he thinks are relevant. How does this differ from the approaches in Loving v. Virginia and Roe v. Wade? 

4.  How would you explain, in a few sentences, Justice Scalia’s approach to determining if there is a fundamental right as exemplified in his dissents in Lawrence v. Texas and Obergefell v. Hodges? Using this approach, do you believe Scalia would have joined the majority or the dissent in Roe v. Wade?

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