It is becoming clearer and clearer that Roberts and Alito were not enough to return the Supreme Court to normalcy from outrageous leftist activism.
And it is becoming apparent that Anthony Kennedy is replacing O'Connor as the swing Justice.
In today's NY Times account of the Hamdan oral arguments, Linda Greenhouse places Kennedy squarely in the Breyer-Ginsburg-Souter-Stevens camp in rejecting the Detainee Treatment Act.
Giving up on deliberative democracy
57 minutes ago