Now that O'Connor is leaving Kennedy becomes the new swing man. His record is becoming more liberal every year. My prediction is if Alito is nominated, he will vote with Ginsburg,Souter etc much more often. What do you think he'll do?
I think it's happening already - viz the Oregon assisted suicide decision. I think he's looking thoughtfully at the new hard right wing of the court and has decided he doesn't want to among them.
Justices like Kennedy and Souter i think probably learned a lot from other justices like Marshall and Stevens. so as time went on they became more open minded.
5. If he merely stands firm, it'll look like he moved to the left.
The court has lurched to the right repeatedly. How can ANYONE forget that Thurgood Marshall was replaced by Clarence Thomas??? or that Warren Burger was replaced by Fascisthead Tony Scalia?? When Stevens leaves the court, all holy hell will break loose.
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