Looking Ahead: October Term 2006

Abstract:     
This paper, a chapter in the Cato Institute's forthcoming Supreme Court Review, offers one of the first looks at the impact of Justices Roberts and Alito on the Supreme Court. It also evaluates the extent to which Justice Kennedy has emerged - and has not emerged - as a swing justice following Justice O'Connor's departure. Reviewing the aggregate statistics from OT 05, it shows how, in some respects, Chief Justice Roberts has emerged as both the Court's uniter and its swing vote. After reviewing historical trends, the chapter then turns to the coming year's docket and evaluates the forthcoming cases in terms of the shifting voting dynamics. A critical question for the coming term will be whether Justice Kennedy hews to views and votes in dissenting opinions like Sternberg and Grutter or, whether in reliance on stare decisis or some other principle, he tacks more toward the center.

Keywords: Supreme Court, Roberts

Accepted Paper Series