For the past six years, the numbers have been constant: Justice Anthony M. Kennedy has voted most often with the majority in the cases that sharply divide the U.S. Supreme Court. Close on his heels is Justice Sandra Day O’Connor. But of these two crucial swing voters, whose court is it, really?

It’s the Kennedy Court, say some legal scholars, by virtue of the sheer number of times that his vote has determined the outcome of the court’s most divisive cases.