SCOTUS Dynamic will change...

Whether or not you agree with the decision, it underscores the importance of the Stevens/Kennedy dynamic. The court's split rulings always come down to how Kennedy will vote. In the cases where Liberal jurisprudence has carried the day, it has usually been because Stevens was able to persuade Kennedy to come over.

'Twill be interesting to see if Kagan wields the same type of clout - although I'm guessing not. I don't think by any means that Kennedy is a strict constructionist/conservative, although I think he leans that way. I think he loves the attention that the deciding vote - which he almost always casts - brings him and is looking for someone to help him see a way to rationalize what he's inclined to do anyway. There are plenty of carrots offered as well, the most obvious of which is getting to write the majority opinion.

I'm guessing that even if Kaga turns out to be a flaming Liberal, that the overall makeup of the court will tilt further right in the absence of Stevens as Kennedy aligns more often with Roberts and Scalia.

in reference to: Editorial - A New Standard of Decency for Juvenile Criminals - NYTimes.com (view on Google Sidewiki)