Oy.

In the kingdom of the fascists, the moderate is the radical leftist.

Kennedy Seen as The Next Justice In Court's Middle

For much of the past 24 years, Justice Sandra Day O'Connor, whom Alito would replace, has wielded the swing vote on a split court, usually casting her lot with the court's four other conservative justices, but siding with liberals on such crucial issues as abortion, affirmative action and campaign finance reform. Justice Anthony M. Kennedy could become the swing vote on several key issues before the high court.

Alito's arrival, however, may turn the O'Connor Court into the Kennedy Court. If, as many expect, Alito forms a four-vote conservative bloc with Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Clarence Thomas, that would leave Justice Anthony M. Kennedy -- a conservative who has occasionally voted with liberals on gay rights, the death penalty and abortion -- as the court's least predictable member.

I guess you have to go to war with the Supreme Court you have, not the Supreme Court you wish you had.

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