Word: swingingly
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...Constitution. At the end of the day, Tribe told members of his team that he was surprised by the prevalence of that line of questioning, which could spell doom for the Vice President. Another bad sign: Justice Sandra Day O'Connor, a Reagan appointee who often provides the swing vote in 5-4 cases, also scrutinized Tribe closely--and rescued a stammering Olson at one point with a softball query. Many court watchers saw her words as a sign of an emerging 5-4 majority for Bush...
...former clerks and administrators who speak publicly about what goes on there are treated as outcasts--we rarely get a glimpse of how the Justices' minds work. (By contrast, we get far too close a look at what goes on behind closed doors on both ends of Pennsylvania Avenue.) Swing voters O'Connor and Kennedy seemed to bat questions between them about how they might find a federal role for the court, almost conversing with each other through the advocates. At one point, Justice David Souter, the moderate appointed to the court by Bush's father, helpfully gave Tribe...
...likely are the three swing Justices to abandon the camps established by Saturday?s divisive vote...
...Justice O'Connor and Justice Kennedy are perhaps more likely to swing over to Gore's side - although some consider O'Connor a more likely defector. Both Kennedy and O'Connor have (and jealously guard) reputations as consensus-builders, and are often the decisive votes in extremely controversial cases, including recent abortion-rights rulings. Don't expect to read any grand political statements into either of these Justices' votes; Kennedy, in particular, seems inured to the political ramifications of Court rulings, and tends to examine each case on a purely legal and intellectual level - more so than other Justices whose...
...ANTHONY M. KENNEDY APPOINTED BY Ronald Reagan (1988) For the most part he's been a reliable conservative, but he has become an occasional swing vote, especially on abortion rights. During oral arguments two weeks ago, he was skeptical of the Florida Supreme Court's decision to extend the recount deadline...