At the moment, Associate Justice Anthony M. Kennedy.
Justice Anthony Kennedy remains the (only) swing vote on the US Supreme Court, because he is the only person likely to break ranks with the conservatives and align with the liberals. Justice Kennedy is technically a moderate conservative and votes with the conservative bloc more often than the liberal bloc, however.Conservative JusticesChief Justice John RobertsJustice Antonin ScaliaJustice Clarence ThomasJustice Samuel AlitoJustice Anthony KennedyProgressive JusticesJustice Ruth Bader-GinsbergJustice Stephen BreyerJustice Sonia SotomayorJustice Elena Kagan
On today's Court (2009), a 5-4 vote most likely means the Justices voted by political ideology, with Justice Kennedy as the swing vote. Split votes are common right now because the Court is ideologically polarized.
Kennedy is considered the "swing vote" on the Court because his conservative ideology is tempered by strong support for individual rights, such as privacy. Otherwise, his function is the same as that of any other US Supreme Court justice.
Who the "swing vote" is varies from issue to issue because the cases before the Supreme Court are complex and don't always fall into "liberal" and "conservative" boxes. It's also a little hard to tell at the moment because the confirmation of Justice Elena Kagan recently changed the composition of the court and we have not gotten to read any of Justice Kagan's opinions yet. However, with those provisos in mind: Chief Justice Roberts and Justices Scalia, Thomas, and Alito are considered the most conservative members of the court. Justice Kennedy is a moderate conservative. Justices Ginsburg and Breyer are considered more liberal. Justices Sotomayor and Kagan are newer, but are expected to be in the liberal wing of the court. If Justices Sotomayor and Kagan both end up voting consistently with Justices Ginsburg and Breyer, then Justice Kennedy would be the swing vote on the Court.
Probably the swing voter, Justice Anthony Kennedy. He has the power to determine whether the conservative or liberal factions prevail, because Kennedy is a moderate conservative who has, at times, sided with the liberals on the Court. The Chief Justice has no more voting power than any other justice.
Neither. Justice Sotomayor is considered a moderate liberal, as was her predecessor, Justice Souter. This leaves the balance of the Court unchanged, with four ultra-conservatives, four progressives, and one primarily conservative swing voter who sometimes agrees with the progressives (Justice Anthony Kennedy).
She did nothing. she was super lazy and did nothing to help anyone. She was terrible.
President Reagan nominated Justice Anthony M. Kennedy to the US Supreme Court in 1988, to replace Lewis F. Powell, who was retiring. He is an incumbent (still sitting) on the bench, and will have been on the Court approximately 23 and one-half years at the start of the 2011-2012 Term. Kennedy is considered the "swing vote" on the Court because his conservative ideology is tempered by strong support for individual rights, such as privacy.
At this point, the most important opinion in the United States is probably that of Justice Anthony Kennedy, traditionally the "swing vote" in the US Supreme Court. There are likely 4 justices willing to strike down Section 3 of DOMA and California's Proposition 8. There are likely 4 justices who will not strike these down. Then, there is Justice Anthony Kennedy. The outcome is likely to depend upon which side he takes on the issue.
Justice Kennedy, a libertarian, is thought of as being a swing vote on this issue. Although he can be conservative on many issues, he has lately tended to side with the liberals on gay rights issues.
Yes. Justice Potter Stewart, whom President Eisenhower appointed to the US Supreme Court in 1958, was active in Ohio Republican politics, but was considered an ideological moderate. During his time on the bench, from 1958-1981, Stewart functioned as the swing vote between the liberal and conservative blocs on the Court.
Justices Thomas and Scalia are, perhaps, the most conservative; the only justice listed whose voting record approaches moderate is Justice Kennedy, the swing vote who has been known to side with the progressives on the Court. Recently, his record of jurisprudence has been more conservative.Justice Clarence ThomasJustice Antonin ScaliaJustice Samuel AlitoChief Justice John G. Roberts, Jr.Justice Anthony Kennedy