October 3, 2006
Justice Kennedy's Pivotal Role In The New Supreme Court Term
"As the Supreme Court opens its new Term this October, it doesn't take a genius to recognize that the three most important factors to watch are Justice Anthony Kennedy, Justice Kennedy, and Justice Kennedy.
Last term, the first under Chief Justice John Roberts, the Justices started out issuing an unusual number of unanimous opinions, while ducking some of the more controversial issues presented to them. But by the end of the Term, the Court was pretty much back to business as usual - which, for the modern Court, has meant two sharply-opposed ideological factions pivoting around one or two justices at the Court's political center.
In this column, I'll consider what effect Justice Kennedy's important swing votes may have this Term."
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