What a wonderful pick by the president. I agree that Bill Kristol’s take is exactly right. I have one concern though, and his name is Anthony Kennedy. It’s important to remember that Lawrence v Texas was a six to three decision, with both Kennedy and O’Connor going left. That points to a larger problem. Justice Kennedy has been “growing” for a while. Replacing O’Connor with a good conservative will almost surely move the court to the right. Still, it’s worth remembering that this conclusion depends on Kennedy not “growing” any more than he already has. Conservatives have rightly been angry at Kennedy for some of his recent decisions. He’s almost surely not pleased with conservatives either. I worry a bit that this could mean more “growth.” So kudos to the president for this wonderful choice. But let’s remember that even with a Justice Roberts, and even with a conservative replacement for Justice Renquist, this court will by no means be reliably conservative.

About the Author
Stanley Kurtz is a senior fellow at the Ethics and Public Policy Center.
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