I was listening to the news the other day and they were mentioning how Justice Kennedy is the "swing vote" for certain cases, just as Justice O'Connor was. Then I got to thinking and realized the concept of a swing vote is a scary perspective in our highest court. Here's why.
If you think about it, 9 people are listening to the exact same case, exact same arguments, exact same people, and coming to totally different conclusions. What this basically means to me is that neither side is listening to the argument but going through the motions then justifying their conclusions based on previous law, which has plenty of arguments on any side of any given argument.
We all know our courts are biased, if they weren't they'd always have a 9-0 conclusion with the occasional 8-1, 7-2 and on rare occasions the 5-4. Now it seems the 5-4 is the rule, not the exception, which means there's only 1 person on the court really listening to the case, rolling in around, considering the true options, and making a truly informed decision. Justice Sandra Day O'Connor, I miss you. Thank God for Justice Kennedy.





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