Nineteen of the twenty-four 5-4 cases broke down along strictly ideological lines and, as in most every recent Term, the Court’s five more conservative members won a greater share of 5-4 victories than the four more liberal justices. The Roberts-Scalia-Kennedy-Thomas-Alito combination prevailed in 13 of 24 (or 54%) 5-4 decisions, while the Stevens-Souter-Ginsburg-Breyer grouping prevailed in only six of 24 (25%) decisions.

In one full term, this Court has severely curbed local efforts to promote racial diversity in schools, upheld a right-wing ban on a necessary medical procedure for women, curbed students' free speech rights, crippled Congress' ability to keep corporate money out of political advertising, prevented taxpayers from challenging the constitutionality of Bush's faith-based initiatives, made it almost impossible for women to prevail on claims of longterm sex discrimination . . . and they're just getting started.

From the beginning, Kennedy's performance on the Court has been defined not by indecision but by self-dramatizing utopianism. He believes it is the role of the Court in general and himself in particular to align the messy reality of American life with an inspiring and highly abstracted set of ideals. He thinks that great judges, like great literary figures, have both the power and the duty to "impose order on a disordered reality," as he told the Kennedy Center audience. By forcing legislators to respect a series of moralistic abstractions about liberty, equality, and dignity, judges, he believes, can create a national consensus about American values that will usher in what he calls "the golden age of peace." This lofty vision has made Kennedy the Court's most activist justice -- that is, the justice who votes to strike down more state and federal laws combined than any of his colleagues. ...