Friday, July 06, 2007

The Kennedy Court

Over at NRO, Jonathan H. Adler argues that we are now in the era of the Kennedy Court:

In many respects, this year saw the emergence of the “Kennedy Court,” with all that implies. As the swing justice, Justice Kennedy was able to dictate the outcome in many cases. He voted with the majority in every one of this term’s 5-4 decisions, even those that were not decided along ideological lines. But even when he did not cast the deciding vote, Justice Kennedy was almost always in the majority. The Court decided 68 cases after oral argument this term, and Justice Kennedy dissented only twice, according to end-of-term statistics compiled by the folks at SCOTUSBlog. Chief Justice Roberts, by comparison, dissented eight times, and Justice Alito ten, whereas Justices Thomas and Souter each had 16 dissents. Justice Stevens was the most frequent dissenter, voting with the minority 26 times.

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