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Is the Honeymoon Over for the Roberts Court?

Legal Times

July 5, 2006

A Supreme Court term that began with hopes for a new era of consensus dissolved in its final weeks into a blizzard of quarrelsome writing that clarified little and robbed some decisions of their precedential force. The messy finale may be explained in part by the increased importance of Justice Anthony Kennedy as the Court's swing vote. And some say the disarray may just be a preview of next term, when the Court will face even thornier cases on race-conscious public school policies and abortion.

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