Yesterday, the Wall Street Journal ran an article on Justice Anthony Kennedy. The piece noted what commentators have been observing for the past few years: despite his overall conservativism, Justice Kennedy continues to confound -- and anger -- the right wing because his occasional unpredictability sometimes produces results they simply cannot abide. The Journal suggested that particularly divisive cases on the court's docket this term, like the abortion and school integration cases, "may touch conflicting strains in Justice Kennedy's jurisprudence," which "does not have a coherent and consistent methodology."
Bloomberg News also reported this week that 86 year-old John Paul Stevens shows absolutely no signs of slowing up -- and thus no signs of retiring, much to the consternation of movement conservatives hell-bent on changing established law. UCLA Professor Eugene Volokh is quoted as saying that Stevens' changed position in the Court's ideological lineup -- once a moderate, now the "most liberal" -- reflects the fact that "the court ... has shifted to the right ." No kidding. Really?