This week's edition of
The Weekly Standard has an article criticizing Justice Anthony Kennedy and warning about the impact of our presidential choice on the future of the Supreme Court.
From the
July 7 article:
"[T]he fight to turn the Court from a capricious and imperious vanguard of liberalism into an impassive umpire is far from over. Indeed, the next president will have the opportunity to shape the Court for the next generation. . . . McCain says he'll appoint more justices like Roberts and Alito. He could take this opportunity to explain how his judicial philosophy differs from Obama's, and why it matters. It's simple. No more Justice Kennedys."
For a discussion of the political economy of pluralities, concurrences, and swing-voting on the Court -- Justice Kennedy's specialty, download:
Berkolow,
Much Ado About Pluralities: Pride and Precedent Amidst the Cacophony of Concurrences – and Re-Percolation After Rapanos, 15 Va. J. Soc. Pol’y & L. (2008).