I take Scalia, Thomas, and Rehnquist to be the three conservatives on the Court (keeping in mind that they do not, of course, always agree, and that when they do agree they are not always right). If Roberts would be another conservativeโeven if he would be more like Rehnquist than like Scalia and Thomasโthe conservatives would still be one vote shy of a majority. Assuming that the next three vacancies are Rehnquist, Stevens, and Ginsburg, conservatives would have to get conservatives to replace two of the three to have a majority. Lest anyone get carried awayโnot that Iโm seeing much evidence of thatโthatโs an uphill climb.
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About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
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