Were They Sending a Message?
Today the Supreme Court ruled that the attorney general does not have the power to prevent assisted suicides in Oregon. The court split along ideological lines but with O'Connor and Kennedy joining the liberals to hand the administration a 6-3 loss. We can assume that Alito would have voted with Scalia, Roberts and Thomas, so the important thing to note is Kennedy's role. He not only sided with the liberal side, but he wrote the opinion to boot. I can't help thinking that this didn't just happen this way - a clear signal is being sent that a rightward lurch is not going to happen. I've explained to my readers before that O'Connor's retirement would not significantly alter the court's overall moderately leftward tilt - here the court drove the point home for everyone else.