Poor Justice Kennedy
It's all or nothing next term on the good swing voter. And if I were him, I'd be miserable about some of the cases I'd have to hear.
The big indicators for Kennedy this term, in my view, is Stenberg II and the Affirmative Action/Desegregation consortium of cases. Basically, both sets are cases with very recent liberal precedent, but also with a very recent expression of conservatism by Kennedy himself. So they pit his desire to be a balancer and respect for precedent on one hand, versus his personal views towards the legal issues on the other. Any predictions?
The big indicators for Kennedy this term, in my view, is Stenberg II and the Affirmative Action/Desegregation consortium of cases. Basically, both sets are cases with very recent liberal precedent, but also with a very recent expression of conservatism by Kennedy himself. So they pit his desire to be a balancer and respect for precedent on one hand, versus his personal views towards the legal issues on the other. Any predictions?
posted by David Schraub at 5:23 PM
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