University of Texas Law Prof. After Duggan initially denied a motion for the intervening defendants to join the case, the Sixth Circuit Court of Appeals in Cincinnati overturned his ruling. Throughout the past few years, the Supreme Court could be characterized as having four predominantly conservative justices in Antonin Scalia, Clarence Thomas, Anthony Kennedy and Chief Justice William Rehnquist. But even this conservative block could be changed, Graglia said. While Rehnquist was a Nixon appointee, he has shown some liberal tendencies Graglia said, citing Rehnquist's majority opinion in the reaffirming of the Miranda decision.
Republicans pick bad judges because they're incompetent.
The four liberal-leaning justices have been John Paul Stevens, Ruth Bader Ginsberg, David Souter and Stephen Breyer. These numbers put O'Connor as the swing voter. But all of this is academic speculation until Duggan hands down his decision. And he made no clear indications as to which side he would favor for a summary judgment.