"The authority desired by the government is inconsistent with the design of the statute in other fundamental respects. The attorney general does not have the sole delegated authority under the (law)," Kennedy wrote for himself, retiring Justice Sandra Day O'Connor and Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg, and Stephen Breyer. Roberts and Justices Clarence Thomas and Antonin Scalia dissented.
So much for the lock-step Catholic voting block.
Kennedy's an asshat.
Roberts passes first "conservative test" as Chief Justice.
G-d bless them, and G-d save us!
Breyer was the one dissent on the appeal of the death sentence for the California murderer. So he thinks it's okay to keep a murderer alive but he wants a sick patient murdered.
""The authority desired by the government is inconsistent with the design of the statute in other fundamental respects. The attorney general does not have the sole delegated authority under the (law)," Kennedy wrote for himself, retiring Justice Sandra Day O'Connor and Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg, and Stephen Breyer. Roberts and Justices Clarence Thomas and Antonin Scalia dissented."
Unless Bush can get one more Justice seated after Alito, the court will be split 5-4 in favor of the death cultists for another decade or more on all cases involving life or death issues. I don't think there are any viable Republican presidential contenders for 08 who would appoint pro-life Justices if they're elected. And if a Democrat wins, of course only people at least as liberal and pro-death as Ginsburg and Stevens will be appointed when openings come up.
If the Repubs lose 1 or 2 Senate seats in this year's election Bush may not be able to get a pro-life replacement confirmed even if Ginsburg or Stevens retire while he's still in office. IMHO, the outlook is pretty grim for the USSC ever having a majority of pro-life Justices anytime in the foreseeable future.