Daily Archives: April 10, 2010

1 post

Justice Stevens and the New Balance

It turns out that this will be Justice Stevens’ last term on the Supreme Court.  Even if we see one liberal Justice replaced with another, the ideological balance of the Court is unlikely to change.

At least, on the surface.

One of Stevens’ strengths was building across-the-aisle consensus among dissenting Justices.  He was often able to corral or curtail Justice Kennedy’s traditional swing vote, but a younger Justice will not have the ability to do so.  As such, Kennedy’s role on the Court is about to become much more important.

His vote with the majority in the Heller decision showed a willingness to accept the 2nd Amendment at face value, and without anyone to sway him away, I’d guess we can expect him to rule in our favor in subsequent challenges.

I’m sure the 2nd Amendment will be a significant issue in confirmation hearings.  How much of an issue, I’m not sure. 

Continued...