Francis Di Domizio wrote:I think the most important cases of the next decade are probably going to be about privacy and the limits of government power.
The court the past 15 years has been mostly about consolidating corporate power and control by the wealthy. The powerless have become more so. We've lost any ability to fight powerful interests in court. Class action suits are practically a thing of the past. I expect the court will continue to side against individual rights.
I know I sound like a left wing idealogue, but I come from being a pro-corporate, pro-business, neocon Democrat. The reality of the past decade has led me to find common cause with people I used to mock.
You are correct that the SC seeks to roll-back the role of government. That's a tough thing to do, given 80 years of precedent to the contrary, but the majority of the court are very hard right.
Francis Di Domizio wrote:I can easily see Scalia holding on another 6-10 years till he gets someone he like in the Oval office.
Scalia will find a way to operate from the grave if need be. He's the new Rasputin, who was poisoned, shot, and thrown over a bridge into a river - guy came crawling back. I have Scalia penciled-in till age 90, although I pray that the lord might call him home far sooner.
Francis Di Domizio wrote:I think whoever is in the office is going to have a hard time putting a non-centrist in to replace Kennedy without having 60 or more members of their party in the Senate.
No, that is a false comfort. A "centrist" would not vote with the 4 right-wing justices, Kennedy was no centrist if you look at 90% of his votes. Republicans will want to block ANY appointment. Another Sotomayor or Kagan will get through, with no more or less difficult than somebody who has a more right-leaning history. Sotomayor & Kagan are moderates. Look at recent Republican nominees! They are unabashedly far right, the Republicans didn't worry about nominating "centrists", neither will the Democrats.