Is the Roberts Court really that conservative? I don’t think so. As I see it (and argue in this NRO article) the Supreme Court’s 2006-07 term did not reveal a conservative ascendency, so much as it suggested the beginning of the “Kennedy Court.” Justice Kennedy is the swing justice, and the pattern of judicial decisions largely reflects his approach to jurisprudence — moderately conservative on most issues. Interestingly enough, given Chief Justice Roberts’ and Justice Alito’s “minimalist” tendencies, the Court’s moves to the “Right” will likely be smaller than its occasional lurches to the “Left.”
Here’s a taste of the article:
The replacement of Justice O