When Justice Sandra Day O'Connor retires, the high court's center of gravity unquestionably will shift, and another justice will become the key swing vote. Attorney Howard J. Bashman says he doesn't expect Samuel A. Alito Jr. to take on that role; instead, the smart money is on Justice Anthony M. Kennedy. And when the identity of the justice at the Court's center changes, says Bashman, the type of cases in which that justice will control the outcome is also likely to change.
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Who'll Be the Supreme Court's Next Swinger?
Special to Law.com
January 17, 2006
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