Michael Medved
For two reasons, conservatives need not despair over the impending confirmation of Elena Kagan to the Supreme Court. First, her appointment won’t change the balance of the court: she’s replacing John Paul Stevens, usually counted as the most left-leaning activist among the Supremes. If anything, Kagan’s orientation may prove slightly more centrist. Second, the Roberts court is actually far more unified in its approach than most commentators acknowledge. In the session just concluded, a surprising 46 percent of all cases were decided by unanimous 9-0 votes—a sharp increase over previous court terms. Meanwhile, only 18 percent of cases were closely decided, 5-4—meaning that 82 percent of issues were decided by more than one vote.

Chief Justice John Roberts has successfully guided his colleagues toward more consensus, common sense jurisprudence, and Elena Kagan should do nothing to block that trend.

Michael Medved

Michael Medved's daily syndicated radio talk show reaches one of the largest national audiences every weekday between 3 and 6 PM, Eastern Time. Michael Medved is the author of eleven books, including the bestsellers What Really Happened to the Class of '65?, Hollywood vs. America, Right Turns, The Ten Big Lies About America and 5 Big Lies About American Business
 
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