OH WON’T YOU STAY JUST ALITO BIT LONGER (…sorry): David Wagner on Aaaaaaaaaaalito: “If the legislature is sane, the court should refrain!” And Balkinization has a very interesting post: If successful, Alito’s nomination will make Anthony Kennedy the median or swing Justice on the U.S. Supreme Court. In the past, Sandra Day O’Connor had held that powerful position, only occasionally displaced by Kennedy. Now it is largely Kennedy’s, with occasional displacements by Breyer. Put another way, to understand what Alito’s... Read more