Word: partials
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...several degrees to the right. Both Alito and Anthony Kennedy, who has emerged as the new swing Justice, are more conservative than O'Connor was on some key issues that came before the Justices this term. As a result, the court tacked right in decisions on issues ranging from partial-birth abortion and employment discrimination to, in recent days, campaign finance...
Think about the issues in which the center of the court, defined by Kennedy, is now more conservative than it was with O'Connor. The federal ban on partial-birth abortion? Polls consistently show overwhelming support for it. Affirmative action? After the Supreme Court upheld the University of Michigan Law School's affirmative-action plan in 2003, Michigan voters repudiated it in a referendum. "Any court on which Justice Kennedy is the median voter will never do anything to provoke dramatic backlashes," says Michael Klarman of the University of Virginia School of Law, "because Justice Kennedy has his finger...
...began striking down environmental laws like the Clean Air Act, national majorities might well become energized and alarmed. Although Justice Clarence Thomas has signaled his willingness to overturn Roe and gut the heart of the regulatory state, Kennedy is unlikely to provide a fifth vote for either. In the partial-birth case, he repeated his longstanding view that although late-term abortions could be restricted, the early-term abortions at the core of Roe had to be protected. And he made clear his support for environmental regulations when he joined the court's four liberals in holding that the Bush...
...Constitution's meaning and an equally clear sense of how they want the law to change. They write or join dissenting or concurring opinions - like the one in this case, or the one that calls for reversing Roe v. Wade in April's decision upholding the federal partial birth abortion ban, or the one by Thomas that opposes free-speech rights for students in the Bong Hits 4 Jesus case - and all of them advocate a fundamental shift to the right in constitutional law, even when it means overturning precedent...
...everyone agrees with those claims. Pentagon officials recently told Congress that many Iraqi units are operating at only partial strength and that their numbers dwindle with each successive rotation through Baghdad. And while sectarian violence is lower than it was before the surge, there has been a spike upward lately. U.S. casualties, meanwhile, are rising. And there is widespread agreement that other Iraqi security forces, notably the police, are infiltrated by insurgents...