Not exact matches
Anthony Kennedy, the court's usual
swing vote in politically charged issues, joined the four liberal
justices to permit the stay.
The US Supreme Court's «
swing vote»
Justice Kennedy gives a clue to the philosophy sweeping through our culture (not least through his actual
votes).
While it will now be more likely that the
justices will divide evenly on difficult cases,
Justice Kennedy will remain the
swing vote, providing a fifth
vote for a majority of progressive
justices (Ginsburg, Breyer, Sotomayor and Kagan), and remaining with the conservatives (Thomas, Roberts and Alito) in tie
votes, which will leave the lower court's judgment in place and will not operate as binding precedent on lower courts.
It was the questioning of
Justice Sandra Day O'Connor, widely regarded as the
swing vote in this case, that received the closest attention.
The broad majority included four conservatives;
Justice Anthony Kennedy's
swing vote; plus two liberals,
Justices Stephen Breyer and Elena Kagan.
During arguments,
Justice Anthony Kennedy, the
swing vote, said it made «no sense» to tell teachers who «strongly, strongly disagree with the union position on teacher tenure, on merit pay, on merit promotion, on classroom size» that they need to pay the union to advance such positions.
Perhaps most critically, in Friedrichs v. California Teachers Association,
Justice Scalia was expected by some to be the
swing vote in a 5 - 4 ruling in favor of the teachers, according to the Atlantic and Politico and others.
Perhaps most critically, in Friedrichs v. California Teachers Association,
Justice Scalia was expected by some to be the
swing vote in a 5 - 4 ruling in favor of the teachers.
The computer was particularly effective at predicting the crucial
swing votes of
Justices O'Connor and Anthony Kennedy.
Death row prisoners are likely to find less success under a Trump - nominated successor, but some observers have pointed to Chief
Justice John Roberts as a potential
swing vote on capital cases.
He reports that
Justice Kennedy, the
swing vote, authored the decision.
In the New York Times, Adam Liptak says it was a good year for Chief
Justice John G. Roberts Jr., who emerged as a canny strategist, thanks in part to the
swing vote of
Justice Anthony M. Kennedy
swinging to the right when it mattered.
Justice Kennedy delivered the
swing vote, according to the Blog of the Legal Times.
But in an opinion written by
Justice Anthony M. Kennedy, who once again proved to be the decisive
swing vote, the court ruled that the New Haven fire department violated Title VII of the Civil Rights Act of 1964 when it threw out the results of a promotional exam in which white candidates outperformed minority candidates.
Indeed, the smart money is on
Justice Anthony M. Kennedy to be the Court's
swing vote going forward.
And some other
justice will become the Court's
swinger — that is, the key
swing vote.
And yet, in Ice, a one - time (though fickle) Apprendi supporter,
Justice Ginsburg, wrote a broad opinion for the Court limiting Apprendi's reach and suggesting that she (as well as
Justice Alito, who was another key
swing vote in Ice) may be increasingly concerning about what could happen if Apprendi rights were extended into new sentencing settings.