New day

Justice Samuel Alito (pictured) joined the Supreme Court in January. Though he may not be joined by another Bush nominee, he still makes the court more conservative, said litigation expert Walter Weber, "because he is more reliably faithful to the constitutional texts than Sandra Day O'Connor." Alito's presence may prove pivotal: On the partial-birth abortion ban and racial preferences in schools, O'Connor was the swing vote in previous 5-4 rulings, striking down the former and upholding the latter. In both cases, Justice Anthony Kennedy joined the conservative minority. The court will rule again on both issues this term. If Alito sides with the Kennedy bloc, Weber said, "he could make a huge difference" on two issues of key concern to conservatives.

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December 30, 2006, Vol. 21, No. 50

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