Retirements from the court in the next five years or so probably will come from the left. If a Democrat is the next president, his or her appointments likely will do little to alter the court’s direction.
An appointment by a Republican president, on the other hand, could eliminate the need for the only "wild card" in the conservative majority’s deck – Justice Anthony M. Kennedy – who is not much of a wild card in general. Kennedy now clearly and solidly occupies the pivotal swing seat on the court. But unlike Justice Sandra Day O’Connor, with whom he often shared that seat, Kennedy "swings" to the left in a narrower band of cases.
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