Kennedy's Influence Could Grow After Stevens' Exit on High Court
Justice Anthony Kennedy, who already decides whether liberals or conservatives win the Supreme Court's most closely contested cases, is about to take on an even more influential behind-the-scenes role.
Kennedy will inherit retiring Justice John Paul Stevens' power to choose the author of some court opinions, an authority that has historically been used to subtly shape a ruling or preserve a tenuous majority.
David Garrow, a Cambridge University historian who has written about the court, said the 74-year-old Kennedy already writes a disproportionate share of the court's big decisions and will have even more chances to do so now because he can assign opinions to himself....
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Kennedy will inherit retiring Justice John Paul Stevens' power to choose the author of some court opinions, an authority that has historically been used to subtly shape a ruling or preserve a tenuous majority.
David Garrow, a Cambridge University historian who has written about the court, said the 74-year-old Kennedy already writes a disproportionate share of the court's big decisions and will have even more chances to do so now because he can assign opinions to himself....