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WITHER JUSTICE KENNEDY?

By "Captain Liberty" and "Rumpole"

Last year the Supreme Court issued 68 written opinions, 24 decided 5-4, with Justice Kennedy in the majority of all of them. Indeed Kennedy was in the majority of all but two of the opinions issued last year. Quite a batting average. This year, with 35 written opinions issued so far, there has been one decided 5-4. While Kennedy has been as dominant as ever, his swing vote on the 5-4 decisions has not been needed. The NY Times has the articleHEREThe article also has these startling criticisms of the court and the Chief Justice by none other than Conservative Hero (the Times calls him an "Icon") Judge Richard Posner:"Judge Richard A. Posner, the conservative icon who sits on the federal appeals court in Chicago, offers some pointed and unusually personal criticism of Chief Justice Roberts in his new book, ?How Judges Think,? published this year by Harvard University Press...continue to full post

Full post as published by Justice Building Blog on May 22, 2008 (boomark / email).