In article , Ed Huntress says...


It's roughly split. There have been some key 5:4 cases with this Court,
swinging either way.

That's not particularly bad, IMO, because the swing vote usually is not
ideological, but is based on either jurisprudence or a reasoned opinion. It
puts the ideologues on both sides to the test. There are ideologues on this
Court but its decisions are mostly non-ideological, as a result of the
split.

The trouble is, ideologues don't like jurisprudence. The end always
justifies the means in their minds.

Is rehnquist still participating in decisions?

Jim


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