June 29, 2004

Another 5/4 Split Among the Supremes

Another important point about the impact of the make-up of the Supreme Court is raised by Stuart Benjamin here. One can quibble about how firmly each of the justices fits into his classifications of them as "pragmatists" or "formalists" but I think it's clear that like the "liberal"/"conservative" divide, this split explains a lot of the variation in their votes. It also points to a key reason why Justice Breyer or Justice Kennedy is likely to slip into the pivotal role on the Court when Justice O'Connor retires.

Posted by armand at June 29, 2004 11:16 AM | TrackBack | Posted to Politics


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