Thursday, June 29, 2006

Before everyone begins celebrating the latest Supreme Court Decision ruling out military tribunals at Gitmo, it is now clear that the notion of the "Scalia four" is real. Make no mistake, if Roberts hadn't recused himself, it would have been a 5-4 decision. So it is clear that the far right on the Court now counts four. Roberts for Rehnquist was a wash. Alito for O'Connor clearly is not. John Paul Stevens is 86 years old. I'm not a religious man, but his health is one thing to pray for.

It is also now clear that Anthony Kennedy is the swing vote, so to speak. One can take some solace in the fact that, when Thomas was brought in back in '91, O'Connor shifted a little more towards the center. The same can be hoped for Kennedy now. One note of irony: Stevens, considered the most liberal on the court now, was a Ford appointee. Then again, Earl Warren was an Eisenhower appointee and a GOP Governor of the great state of CA. Evolution is possible. But not for Scalia, Thomas, Roberts and Alito. Thomas himself was once quoted as saying "I ain't evolvin'." That arrogance says it all. And they've got a friend in the White House. To me, Roberts is the one to worry about the most. There's something in those eyes of his that have that "holy roller" glaze. I can almost picture him speaking in tongues.

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