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Bench Memos

NRO’s home for judicial news and analysis.

Counting to Five



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Amidst all the blather about the prospect that Alito’s appointment would (in Nina Totenberg’s phrase) “dramatically alter the ideological makeup” of the Court, a sober note: Justice Kennedy will be the new Justice O’Connor, the necessary fifth vote for any sound constitutional ruling. Indeed, last term he had already moved left to replace her as the middle vote on the Court.



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