July 2, 2006

THE CONSTITUTION MEANS WHATEVER TONY SAYS IT DOES:

Justice Kennedy gains clout (Charles Lane, 7/02/06, The Washington Post)

In the Supreme Court's just-concluded 2005-06 term, two new justices, Chief Justice John Roberts and Samuel Alito, changed the court's style and ideological balance.

But by the end of the term, it was clear the main impact of the turnover was to enhance the influence of a justice who has been at the court since 1988, Anthony Kennedy, 69.

With the January retirement of centrist Justice Sandra Day O'Connor, the nine-member court is frequently split between two four-justice liberal and conservative blocs, with Kennedy as the sole remaining swing voter.

Kennedy repeatedly cast the decisive vote on the most polarizing issues the court faced, from President Bush's military commissions, to the Clean Water Act, to the death penalty. He is poised to do so again next term, when the court takes up abortion and school integration.


And then judges wonder why the public views them as mere political animals.

Posted by Orrin Judd at July 2, 2006 8:51 AM
Comments

This is why they should be elected. The terms could be for a dozen years or more, but they should be elected all the same.

Posted by: Brandon at July 2, 2006 10:00 AM

Brandon, I respectfully disagree. They should be thoroughly vetted and if found to have any defects of character like herd-instincts, they shouldn't get nominated.

Posted by: erp at July 2, 2006 10:30 AM

Everyone has herd instincts. If you want to change the Court move it out of the Beltway.

Posted by: oj at July 2, 2006 10:34 AM

That won't help because the same lobbyists and favor seekers will follow the court even into the deepest cave.

Posted by: erp at July 2, 2006 10:53 AM

That's not the peer group they conform to.

Posted by: oj at July 2, 2006 11:12 AM

Sure it will, erp.

You think they want to move to Kansas or Oklahoma?

Posted by: Sandy P at July 2, 2006 4:36 PM

Sandy, I'm confused. Do you really think it would help to move the court?

Of course, they don't want to go away from the action and we may all have herd instincts, but people of Supreme Court caliber should be able to contain themselves and not act like junior high school girls who will do anything to sit with the popular girls at lunch. O’Connor thought she had the courage of her convictions, Kennedy is a wuss.

Posted by: erp at July 2, 2006 6:15 PM
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