[SoCar]

When was the last time O'Connor cast a tiebreaking vote on a case important to conservatives, in favor of the conservative position?

She did vote right in Kelo. Of course we still lost. There were other times too but I get your point.

I still believe that they realize this is not the time since they still have Kennedy as a swing vote. If they are smart they will hold their fire. But Rats are often not too bright.

[thoughtomator]

A single swing isn't good enough for them - they need the extra vote of assurance to make sure they get the results they need. One vote on the Supreme Court could start the avalanche that brings down the entire edifice of unconstitutional orders handed down by left-wing courts over the past few decades. Given the age of the left wing on the court and the fact that the chance of future left wing appointments in the next 10 years is quite small, this is the make-or-break for them.

[RobbyS]

Kennedy is a reed swaying in the wind. He wants to be on the winning side.