Justice Kennedy May Soon Find Himself Disappointed And His Legacy Undermined

A statue sits on a flag pole in front of the U.S. Supreme Court in Washington. The high court is likely entering a new, more conservative era

Mark Wilson / Getty Images

For four decades, the Supreme Court has been like a balance board, tilting this way and that. And, while it has moved more and more to the right with each reset, the center has held.

This term, and for the foreseeable future, however, the board looks more like a slide.

Justice Anthony Kennedy, who announced his retirement this week, may feel secure in his legacy. But Justice Sandra Day O’Connor did, too, only to be disappointed.