Meet Justice Kennedy.
The Supreme Court has had, by my count, eight big decision that were decided 5-4. Justice Kennedy was in the majority every single time.
He has yet to write a dissenting opinion this year.
His vote is likely to be the critical vote in the upcoming Equal Protection cases.
Our Supreme Court is becoming, at least from a statistical standpoint, a 4-1-4 court. It's fascinating. It may be necessary.
But it leads to some screwy jurisprudence and cannot help the certainty of our laws.
It is strange to argue that the law was more stable when there were two "swing" votes on the Court (whatever that means), but it looks like the departure of Justice O'Connor has unsettled many things.
The clouds are already gathering for the next big confirmation fight. Justice Stevens is really freaking old. Justice Ginsburg may be in poor health. Scalia simply cannot last forever (unless being an incurable curmudgeon is good for you).
God save this nation and this honorable Court.