Some commentators argue that Brett Kavanaugh will shift the Supreme Court to the right, based on metrics that show him more conservative than retiring Justice Anthony Kennedy. But a close look at how Kennedy voted in more than a dozen cases reveals he was far from a “moderate” on criminal procedure—which suggests Kavanaugh might actually move the court towards the center on those issues, writes a former federal prosecutor.
The impending retirement of Supreme Court Justice Anthony Kennedy has raised hopes of conservatives that the Court will move towards conservative interpretations of the Constitution as the Trump administration begins to fill vacancies opened up as other aging liberal-leaning justices leave the bench .
Anthony Kennedy, who turns 81 next month, sparked speculation that he was set to announce his retirement when he moved up by a year a long-scheduled reunion of his former clerks. The event was held Saturday, but Kennedy–the key swing vote on the sharply divided court–did not mention retirement.
As fewer and fewer dollars are spent on indigent defense—and as more and more people charged with a crime qualify for free legal counsel—representing criminal defendants has become increasingly more specialized and complicated. More than a century and a half ago, Abraham Lincoln warned that “a person who represents himself has a fool for a client” (although when Lincoln practiced, most defendants, even those charged with serious criminal offenses, were expected to represent themselves if they could not afford an […]