The Volokh Conspiracy

I thought Lazarus's piece was good too. In fairness, though, on November 1, Jack Balkin blogged as follows:

"Alito's nomination will make Anthony Kennedy the median or swing Justice on the U.S. Supreme Court. In the past, Sandra Day O'Connor had held that powerful position, only occasionally displaced by Kennedy. Now it is largely Kennedy's, with occasional displacements by Breyer."

http://balkin.blogspot.com (first 11/1/05 post)

Advantage: Balkin on the Kennedy-as-median-justice meme.

Have to admit I;m not convinced. Kennedy for me has always seemed to sail without a rudder, letting the wind take him where it will. Originally this was with Scalia, he then became part of O'Connors breakaway faction in the middle. When I wrote about Atkins, I described it (as many others have before me) as the Ken-Con court. Realistically though I don;t think he will want sole control of the centre. I fear he will run back to the right, unless Roberts or Alito can provide a new ally.

He is a follower, not a leader.