Is the War for the Court Lost?
by Seth Oldmixon, Thu Jun 14, 2007 at 04:50:11 AM EDT
Tom Goldstein writes at the indispensible SCOTUSblog that the war for control of the Supreme Court is over, and the right has prevailed.
The fact that Justices' Ginsburg and Stevens dissented from the bench in three cases - twice in late-May and early-June after all the votes had been cast - strongly suggests an exceptionally high level of frustration on the left. (Neither does such a thing lightly.) It seems entirely possible that the remaining cases involving, for example, challenges to public funding of programs with religious components (Hein), search and seizure (Brendlin), and the environment (Defenders of Wildlife) all will be decided five-to-four, with Justice Kennedy siding with the conservatives.
If that happens -- and I think it is likely that it (or something close to it) will -- the President will have gotten with his appointments precisely the Court he sought and that liberals feared. We can already count on conservative rulings on race, abortion, campaign finance, and the death penalty, and may be able to add to that religion, the Fourth Amendment, and the environment. It would be a memorable Term indeed.