Changes to Come with Roberts
This report on the Think Progress Blog details well the cases that are likely to swing with Roberts replacing O'Connor. I get giddy just thinking about it.
An additional note which muddles everything is the rapid change of Justice Kennedy's jurisprudence. While Roberts would be the fifth vote in all these cases, Kennedy's fourth vote is never a sure thing, and he could easily flip on Stenberg, Grutter/Gratz, and Hibbs.
An additional note which muddles everything is the rapid change of Justice Kennedy's jurisprudence. While Roberts would be the fifth vote in all these cases, Kennedy's fourth vote is never a sure thing, and he could easily flip on Stenberg, Grutter/Gratz, and Hibbs.
posted by Helvidius at 5:31 PM
1 Comments:
I'm not hopeful. I suspect that with Justice O'Connor gone, Justice Kennedy will feel the great weight of balancing all of nation's close constitutional questions. I predict he'll further swing left on social issues. He's really bought into the states-as-dignified-creatures idea so I'm not sure whether he'll switch in cases likes Hibbs and Lane. But a jurisprudential shift on the abrogation cases would not surprise me.
Something tells me we'll soon start hearing, "Swing Left, Sweet Kennedy."
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