Comments on: Term analysis: A “split-the-difference” Court http://www.scotusblog.com/2006/07/term-analysis-a-split-the-difference-court/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Daniel http://www.scotusblog.com/2006/07/term-analysis-a-split-the-difference-court/#comment-10027 Daniel Thu, 06 Jul 2006 00:21:53 +0000 http://www.scotusblog.com/wp/uncategorized/term-analysis-a-split-the-difference-court/#comment-10027 Lyle. Thanks for bringing this article to our attention; I intend to read it in full. I think it is very premature to speak of the Robert's Court yet. If all goes well, he will have 20 years or more as CJ. Who knows what the future will bring? Even in the best of circumstances, Ginsburg and Stevens likely have no more than five more years on the court. As both of them are cancer survivors, they really could die at any time. As I see it, the liberals are fighting a rear-guard action that they will likely lose unless by some wild chance the Dems win in 2008 (which I think is unlikely) and even then you will likely only get a moderate justice through the Senate. I would be shocked in the Dems wind up with 60 seats in the Senate. At best the Roberts Court will be seen as a mdoerate court. Much more likely it will go down as the most conservative court in American history. That is what I see in my foggy crystal ball. But history is full of the unexpected. Lyle. Thanks for bringing this article to our attention; I intend to read it in full.

I think it is very premature to speak of the Robert’s Court yet. If all goes well, he will have 20 years or more as CJ. Who knows what the future will bring? Even in the best of circumstances, Ginsburg and Stevens likely have no more than five more years on the court. As both of them are cancer survivors, they really could die at any time. As I see it, the liberals are fighting a rear-guard action that they will likely lose unless by some wild chance the Dems win in 2008 (which I think is unlikely) and even then you will likely only get a moderate justice through the Senate. I would be shocked in the Dems wind up with 60 seats in the Senate.

At best the Roberts Court will be seen as a mdoerate court. Much more likely it will go down as the most conservative court in American history. That is what I see in my foggy crystal ball. But history is full of the unexpected.

]]> By: SupremeDicta http://www.scotusblog.com/2006/07/term-analysis-a-split-the-difference-court/#comment-10026 SupremeDicta Wed, 05 Jul 2006 19:55:47 +0000 http://www.scotusblog.com/wp/uncategorized/term-analysis-a-split-the-difference-court/#comment-10026 I am not so sure that the Court has always sought to "split the difference" in recent years. I think the biggest advocate of splitting the difference was Justice O'Connor. Justice Kennedy has steered the Court to reverse itself in at least two high profile areas - gay rights and capital punishment. Both of those precedents are very recent and were rejected in strong terms. I am also a little skeptical of viewing Chief Justice Roberts as a consensus builder. I think an important bell-weather will be the K-12 affirmative action case that the Court will address next term. If the Court takes a strong step back from Grutter, I think it is a pretty clear indication that other O'Connor precedents will become targets shortly. I am not so sure that the Court has always sought to “split the difference” in recent years. I think the biggest advocate of splitting the difference was Justice O’Connor. Justice Kennedy has steered the Court to reverse itself in at least two high profile areas – gay rights and capital punishment. Both of those precedents are very recent and were rejected in strong terms.

I am also a little skeptical of viewing Chief Justice Roberts as a consensus builder. I think an important bell-weather will be the K-12 affirmative action case that the Court will address next term. If the Court takes a strong step back from Grutter, I think it is a pretty clear indication that other O’Connor precedents will become targets shortly.

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