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.

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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