Georgetown lawprof Mark Tushnet explains why it may be wrong to think that the upcoming election will have a dramatic impact on the direction of the Supreme Court. An excerpt:
A justice nominated by George W. Bush and confirmed by the Senate will be somewhat more conservative than a justice nominated by John Kerry and confirmed by the Senate. Beyond that, there’s not much to say. The differences are going to be smaller than partisans on either side expect, and calculations that we can’t foresee will affect the politics of nomination and confirmation.