Do you think there's a chance Justice Kennedy will move left?

As I recall, Sandra Day O'Connor was initially more to the right than she is now. Seems to me that she was rigidly right-wing until Clarence Thomas went on the Court, and at that point she became the designated swing-vote and moved to the left. Since Clarence Thomas replaced Thurgood Marshall the existing balance had moved decidedly right.

I'm just wondering if Anthony Kennedy may begin to feel some distance between himself and the Gang of Four (Roberts, Alito, Thomas and Scalia).

speculating that he would. Not really left, but maybe into O'Connor's shoes.

Alito has shown himself to be on the radical fringe, always in the minority when he writes his extreme positions and dissents from the other judges on the 3rd circuit... I think the Supreme Court Justices who are not in bush's pocket recognize how extreme he is, and realize there needs to be a balance or counter to his position.

Or, maybe I'm just hoping...

It all depends on the kinds of cases they decide to hear, and that, my friend, is where the real political battlefield lies. Not in the opinions, but in the cases chosen.

This "left-right" stuff is an illusion where the Court is concerned, at least in terms of trying to divine any Justice's trend. You're trying to isolate one characteristic out of something that's a vastly complicated and largely hidden-from-the-public tapestry.

This whole filibuster business was always a losing proposition, by the way. Alito was always going to be confirmed, simply because the Democrats don't have the votes. Never did.

So, now it's on to the next thing, which is, for me, anyway, waiting to see what the Abramof investigation yields. And, in the background, the Fitzgerald investigation.

Sens. Specter, Snowe and Collins can no longer call themselves pro-choice. We have to call them what they are ... toady Republicans. Maine has been moving away from voting Republican and these party-line votes from their senators may open some eyes. I hope.

There's been so much panic over the last several days, and although I hate it, there was almost NO HOPE of winning.

You're right on the 2 investigations. Much will turn on their results.

BTW, do you have ANY suggestions on how to get the Dems in Congress to stop being so scared? They make a statement that is true, and appologize the next day because they hurt someone's feelings!

Joe Scarboro was on Tweety's show tonight, and he said something that was frightening. Now, I rarely listen to Joe, but tonight he said: "If I were a Dem consultant, I could tell them a lot of ways to get rid of DeLay and about 30 other Republicans. They just don't know how to hit back hard!"

I always try to read your posts, and converse with you when I can. I like you opinions most of the time, so I'm asking. How can WE as voters force our Dems to LEARN to "Hit Back Hard?"

I don't think O'Connor moved to the left and became the swing vote. It is more like the court moved to the right and she became the swing vote. Kennedy may become more of a swing vote, but only because the court will be moving to the right.

edit: typo

Alito replacing O'Connor is a shift. Who knows, maybe Kennedy will become the O'Connor replacement and Alito will take Kennedy's spot, ideologically speaking. Kennedy is a Reagan appointee, and many of the Reagan loyalists are moving away from Bush.

Of course, this is best case scenario. I'm looking for any hope at this point.

We know Bush thought he had appointed an extreme judge.

My wise old mother believes that the court justices will distance themselves from an extreme man like Alito.

And not unlike Oldleftielawyer, she also believes that it's the other pending problems this administration faces that will be.... Not sure what word to use. I mean, a lifetime appointment seems really awful to me.

Life works in weird ways. I don't think America will change too far from it's intended course.

But like my even older and even wiser father said today, there is no system that really works all of the time.


I don't know. I'm tired and worn out. I don't even know if this post makes sense. It's time for change.

Sorta like how I turned into a lefty. The world changed, and I'm still the guy who would have voted for Ford in 76.

He'll be the New Moderate, which will look a lot like what a conservative is today.

Maybe Kennedy is not quite as nuts as Scalia, Thomas, Alito and apparently Roberts and he will realize he has to bring some balance back to this Extreme Court. Also we have to think good thoughts that the ones we can count on remain healthy and stay until a Dem is elected if that is even possible given the voting machines and the fraud we have experienced in 2000, 2002 and 2004 and God help us if they steal 2006