I don't think J. Kennedy is trying to return to Lochner -- that was a bumbleheaded commentary.
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I do think J. Kennedy seeks out momentous cases and is far more concerned with establishing his place in history than pretty much any other aspect of being a Justice. So, on that point, I sort of agree with Jeffrey Rosen.
I haven't read any 14th Amendment cases of late, but I know enough to see that this is a significant departure from precedent. And I know enough to rewrite J. Kennedy's opinion to reach the exact same result using established precedent.
Right now, I would've much rather have seen a sober, constrained opinion tightly adhered to precedent than J. Kennedy's opinion.
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