Like Lewis Powell and Sandra Day O'Connor before him, Justice Anthony Kennedy has become the Supreme Court's "swing justice," a term he dislikes because he says it implies vacillation. Yet the evidence so far this term shows how well the phrase fits. Six cases before the Court this term have come down to 5-4 votes. Kennedy, alone, was in the majority every time. Two cases last week highlighted his pivotal role in shaping just about any matter of consequence before the justices.
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Justice Kennedy Makes a Majority in Term's Close Cases
The Associated Press
April 10, 2007
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