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McCain Would Tilt Split Court Right

Court now divided along political spectrum

By Matt Cantor,  Newser Staff

Posted Jun 29, 2008 1:19 PM CDT

(Newser) – America’s choice for president will likely ripple all the way to the halls of the sharply divided Supreme Court, the Washington Post reports. Since the next justice to retire is likely to be left-leaning, a Barack Obama victory would maintain the status quo of four conservatives, four liberals, and Anthony M. Kennedy serving as the swing vote. But if John McCain appoints the next justice, the court could swing decidedly to the right.

With recent decisions showcasing what a prominent lawyer terms “an almost exquisitely balanced court,” and the average age of the court's liberals at 75, judicial nominations should be central in November, says an expert. A McCain appointee could all but seal a conservative court for decades—Chief Justice John Roberts is 53, Samuel Alito is 58, and Clarence Thomas just turned 60.

Supreme Court Justice Anthony Kennedy, who often casts the deciding vote in cases, speaks at the Organization of American States (OAS), in Washington.
Supreme Court Justice Anthony Kennedy, who often casts the deciding vote in cases, speaks at the Organization of American States (OAS), in Washington.   (AP Photo/Charles Dharapak)
Chief Justice John G. Roberts Jr, reacts as he listens to a speaker at the opening of the Centennial of the US Courthouse in Providence, RI., Tuesday, Feb. 12, 2008.
Chief Justice John G. Roberts Jr, reacts as he listens to a speaker at the opening of the Centennial of the US Courthouse in Providence, RI., Tuesday, Feb. 12, 2008.   (AP Photo/Stephan Savoia)
From right: Chief Justice John G. Roberts, Justice John Paul Stevens, Justice Clarence Thomas, Justice Ruth Bader Ginsburg, and Justice Stephen Breyer.
From right: Chief Justice John G. Roberts, Justice John Paul Stevens, Justice Clarence Thomas, Justice Ruth Bader Ginsburg, and Justice Stephen Breyer.   (AP Photo/J. Scott Applewhite, FILE)
In this March 3, 2006 file photo, members of the Supreme Court pose for a photo at the Supreme Building in Washington.
In this March 3, 2006 file photo, members of the Supreme Court pose for a photo at the Supreme Building in Washington.   (AP Photo/J. Scott Applewhite)
Republican presidential candidate, Sen. John McCain, R-Ariz., waits backstage before being introduced at a fundraiser in Louisville, Kentucky,  Saturday, June 28, 2008.
Republican presidential candidate, Sen. John McCain, R-Ariz., waits backstage before being introduced at a fundraiser in Louisville, Kentucky, Saturday, June 28, 2008.   (AP Photo/LM Otero)
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