Expert: Dennis - 6/17/2008

Question
Justice Kennedy is often called the "swing vote."  That implies he could go either way but the others can't. Why can't the other judges on the Supreme Court be considered "swing votes?" Thanks.

Answer
Because the other Justices are solid Liberals or Conservatives. They usually come down on the side that is reflected in their point of view. Kennedy is conservative on some things, liberal on others, and has to be convinced by lawyers or the other justices that the Constitution says one thing or the other.

There is a decision coming down soon concerning guns, and what local governments can and cannot do to regulate them. Kennedy will probably be the deciding vote on that 5-4 decision also.